Distribution—overview

This Practice Note addresses the relationships that arise among principals, agents, and the third parties with whom the agent transacts on the principal’s behalf. It reviews the principal’s exposure for its agent, the scope of an agent’s authority (including remedies for any excess or breach of authority), fraud and misrepresentation, and the concepts of disclosed and undisclosed principal. Principal’s liability for acts of agent A principal will generally be answerable for all acts carried out by an agent within the agent’s authority, whether liability sounds in contract or in tort. Authority encompasses the agent’s actual, apparent (ostensible), or usual (customary) authority. For further detail, see Practice Notes: Scope and authority of the agent and Forming enforceable contracts—agent’s authority to contract. An agent’s authority derives from the principal, and it should be recognised at the outset that the capacity to bind a principal in contract does not, of itself, determine whether an agency relationship exists. In fact, in many situations an agent will have no power to bind the principal, and that is merely one of several constraints a principal may impose on an agent’s authority...

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...