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Zorluk: OrtaLaw of Agency: Rights, Duties, Liabilities, and Termination

Ade appointed Tayo as an agent to sell a specific commercial cargo vessel anchored at the Lagos seaport. Before Tayo could negotiate or finalize a sale with any prospective buyer, an unexpected fire outbreak at the port completely destroyed the vessel through no fault of either party. Which of the following legal statements correctly describes the status of this agency relationship?

  1. The agency is automatically terminated by operation of law due to the destruction of the subject matter.Cevap
  2. B
    The agency relationship remains legally active until Ade issues a formal written notice of revocation to Tayo.
  3. C
    Tayo remains personally liable to prospective buyers for breach of an implied warranty of authority.
  4. D
    The agency is indefinitely suspended and automatically revives whenever Ade acquires a replacement vessel.

Cevap

The agency is automatically terminated by operation of law due to the destruction of the subject matter.
An agency relationship is automatically discharged by operation of law when performance becomes impossible due to the destruction of the subject matter. Because the specific cargo vessel was destroyed, the foundation of Tayo's authority ceased to exist, bringing the agency to an immediate legal end.

Adım Adım Çözüm

1
Identify the key legal event in the principal-agent scenario.
The specific vessel that forms the core subject matter of the agency was completely destroyed before performance.
Determining how the contract's subject matter was affected dictates the legal rule for agency termination.
2
Apply the legal rules governing termination of agency under commercial law.
Destruction of the subject matter constitutes frustration and terminates the agency automatically by operation of law.
Without the subject matter, performance becomes legally impossible, rendering further agency authority void without requiring express revocation.

Anahtar Kavram

Termination of Agency by Operation of Law (Frustration / Destruction of Subject Matter)
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