Imputed Knowledge in Agency Law — Knowledge Acquired Outside Mandate
Peter Watts |
This article argues, contrary to the recent decision of the High Court in Waller v Davies, that there is no firm rule of agency law that principals are affected only by knowledge of facts learned by agents in the course of carrying out their mandate for the principal. If there is such a rule at all, its scope and operation is dependent on: (i) the issue of law to which a state of knowledge is relevant; (ii) the role the agent is given to perform; (iii) whether the agent is acting for more than one principal in the relevant transaction; and (iv) the degree of certainty that the crucial facts were present in the agent’s mind. It is also contended, again contrary to Waller v Davies, that the position is no different just because what is at stake is a principal’s registered interest under the Land Transfer Act 1952.
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2005 PART III
