Law of Agency

2012-10-20 7:28 pm

Question: Cheung went to holiday to Singapore. Two days later his neighbour Chan noticed that the window of Cheung's house was borken. The weather report also forecasted that Typhoon signal number 10 amy be hoisted with 2 days. Since Chan cannot locate Cheung so as a good neighbour he asked his jobbing builder to come and repair Cheung's window.

Cheung return home and refuse to repay Chan for the work on the ground that he has already arranged his brother Peter to repair the window with out charge when he had time.

What is the legal position?

Anybody can give me the hints to answer the question? or introduce to answer this question. Thanks.

更新1:

It means that it is created an angency relationship by necessity, right? So, Chan can claim the repair costs from Cheung?

更新2:

No, I don't study in Tuen Mum IVE....thanks.

回答 (2)

punknhei

2012-10-21 3:43 am

✔ 最佳答案

Agency in necessity/ emergency means a person can become an agent if such appointment necessary for the protection of the principal's property.

Conditions are:
1. no practical way of contacting principal
Chan cannot locate Cheung

2. real necessity/ emergency causing sudden danger to principal's property
the window of Cheung's house was borken, Chan asked his jobbing builder
to come and repair Cheung's window.

3. act in the interest of principal
Chan is to protect Cheung's property

4. act reasonably in the circumstances
repair the window

From above, Cheung is a principal, Chan is an agent.
Thus, Chan can ask Cheung to reimburse the repair fee.

順便問下你係唔係讀緊屯門IVE?

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Gary

2012-10-20 8:15 pm

Cheung is not obligated for the payment.

There is no legal relationship existed between Cheung and Chan. Therefore, whatever Chan has done is based on goodwill, which is not binding legally.

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