关注微信

推荐商品

    加载中... 正在为您读取数据...
分享到:
  • 国际商法(代理法与产品责任法篇)[平装]
  • 共1个商家     22.40元~22.40
  • 作者:顾百忠(作者)
  • 出版社:北京大学出版社;第1版(2010年1月1日)
  • 出版时间:
  • 版次 :
  • 印刷时间:
  • 包装:
  • ISBN:9787301163757

  • 商家报价
  • 简介
  • 评价
  • 加载中... 正在为您读取数据...
  • 商品描述

    编辑推荐

    《国际商法(代理法与产品责任法篇)》:国际法双语教学试用教材

    目录

    PART ONE Agency Law
    Ⅰ.AGENCY IN GENERAL
    1.Formation and capacity
    2.Authority
    3.Types of agents
    4.Employees and independent contractors
    QUESTIONS FOR EXERCISE
    CASES FOR SUPPLEMENTARY READING
    Ⅱ.DUTIES OF PRINCIPAL AND AGENT
    1.Agent's duty of loyalty
    2.Agent's duty to obey instructions
    3.Agent's duty to act with care and skill
    4.Agent's duty to notify the principal
    5.Agent's duty to account
    6.Remedies of the principal
    7.Principal's duty to compensate agent
    8.Principal's duties of reimbursement and indemnity
    9.Remedies of the agent
    10.Termination by acts of the parties
    11.Termination by operation of law and other situations
    12.Termination of agency powers given as security
    13.Effect on agent's authority
    QUESTIONS FOR EXERCISE
    CASES FOR SUPPLEMENTARY READING
    Ⅲ.THIRD PARTY RELATED CONTRACT LIABILITY
    1.Actual authority
    2.Apparent authority
    3.Effect of agent's notification and knowledge
    4.Incapacity of principal or agent
    5.Ratification
    6.Subagents
    7.Disclosed principal or partially disclosed principal
    8.Undisclosed principal or nonexistent principal
    9.Liability of agent by agreements
    10.Agent's liability on unauthorized contracts
    QUESTIONS FOR EXERCISE
    CASES FOR SUPPLEMENTARY READING
    Ⅳ.THIRD PARTY RELATED TORT LIABILITIES
    1.Direct liability
    2.Respondeat superior liability
    3.Liability for torts of independent contractors
    4.Liability for agent's misrepresentations
    5.Liability for torts of subagents
    6.Agent liability exceptions
    7.Suits against principal and agent
    8.Criminal liability
    QUESTIONS FOR EXERCISE
    CASES FOR SUPPLEMENTARY READING

    PART TWO Product Liability Law
    Ⅰ.PRODUCT LIABILITY IN GENERAL
    Ⅱ.WARRANTIES
    1.Express warranty
    2.Implied warranty of merchantability
    3.Implied warranty of fitness for a particular purpose
    4.Warranty of title
    5.Misrepresentation
    QUESTIONS FOR EXERCISE
    CASES FOR SUPPLEMENTARY READING
    Ⅲ.NEGLIGENCE AND STRICT LIABILITY
    I.Improper manufacture
    2.Improper inspection
    3.Failure to warn
    4.Design defects
    5.Requirements of section 402A
    6.Applications of section 402A
    7.The Magnuson-Moss Act
    8.Section 402B
    9.Industry-wide liability
    QUESTIONS FOR EXERCISE
    CASES FOR SUPPLEMENTARY READING
    Ⅳ.DAMAGES AND DEFENSE
    1.The types of damages
    2.What recoverable
    3.UCC section 2-318
    4.Implied warranty disclaimers
    5.Express warranty, negligence, and 402A disclaimers
    6.Limitation of remedies
    7.Time limitations
    8.The traditional defenses
    9.Comparative principles
    QUESTIONS FOR EXERCISE
    CASES FOR SUPPLEMENTARY READING
    APPENDIXES
    RESTATEMENT (THIRD) OF AGENCY
    RESTATEMENT (THIRD) OF TORTS : PRODUCTS LIABILITY
    GLOSSARY
    REFERENCES

    文摘

    Agency is a two-party relationship in which one party (the agent) is authorized to act on behalf of, and under the control of, the other party (the principal). Simple examples of the agency relation include hiring a salesperson to sell goods, retaining an attorney, and engaging a real estate broker to sell a house. Agency law's most important social function is to stimulate business and commercial activity. It does so by allowing people and businesses to increase the transactions that they can complete within a given time. Without agency, business and commercial life would proceed at a very slow pace. A sole proprietor's ability to engage in trade, for instance, would be limited by the need to make each contract for purchase or sale in person. As artificial persons, moreover, corporations can act only through their agents.
    Agency law can be divided into two rough categories. The first involves the legal rules controlling relations between the principal and the agent. These include the rules governing formation of the agency relation, the duties the principal and the agent owe each other, and the ways that an agency can be terminated. Such topics are the main concern of this chapter. The second involves the legal rules controlling the principal's and the agent's relations with the third parties. In this chapter, our main concerns are the principal's and the agent's liability on contracts made by the agent and on torts committed by the agent.
    1. Formation and capacity. An agency is created by the manifested agreement of two persons that one person (the agent) shall act for the benefit of the other (the principal) under the principal's direction. As the term manifested suggests, the test for the existence of an agency is objective. If the parties' behavior and the surrounding facts and circumstances indicate an agreement that one person is to act for the benefit and under the control of another, courts hold that the relationship exists.