Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - “BOWSTEAD ON AGENCY”, (14TH EDN.)
By F.M.B. Reynolds and B.J. Davenport. Published by Sweet & Maxwell Ltd., London.
The 14th edition of this classic on the common law of agency is a welcome addition to the current literature available on the rapidly changing common law. Agency in particular after a long period of stagnation owing to the absence of disputes in the courts is now, partly to changing commercial needs, and partly to an increase in litigation, again becoming in a state of flux. The increasing desires of Governments and the Common Market authorities to regulate the activities of the intermediary have made it necessary for a thorough reassessment of the status of the agent at common law. In many ways his status is still grounded in the writ of assumpsit, and too often contractual rules are confused with those necessary under a comprehensive legal framework covering all aspects of commercial representation. Happily the authors of this edition have continued the steady reorganisation of the text which they commenced in the last edition. Mention is made in the earlier pages of the problems of indirect representation and the contract of commission, both of which are fully covered by the Continental codes. Now with our membership of the Common Market such topics can no longer be considered as quaint Continental concepts. Many of the older cases have been thrown out and new case law inserted, which makes the law more representative of the present state of commercial practice.
Greater coverage has been given to the specialist categories of intermediary such as the forwarder, the confirming house, etc. It is possible that in the future we will see more development of the law in relation to such specialists rather than, as in the past, of the genera] rules of agency. It is no longer possible to have vague all-embracing rules applicable to all categories of agent as has been formerly assumed. No longer can any inconvenient variations be relegated to the realms of commercial custom. It is therefore to be welcomed that Bowstead is now reflecting such developments, and the authors arc to be congratulated for the painstaking way in which they have continued their overall restructuring of the law and practice. It is to be hoped that they will continue their good work in an even more radical fashion in the next edition.
D. J. Hill
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