The law itself, which can be traced back to the reign of Lord Tenterde de Thompson v Davenport in 1829, but ultimately formalized somewhat differently from Parke B to Heald v Kenworthy in 1855, suggests that there is an agency relationship, but if it is not revealed at all, the counterparty may sue the agent or (if his identity appears later) the sponsor. The unknown agency could be imitated by using an agent and creating privity or using a reseller, but since the agency was developed by the common law long before the privity issues were detected, it is assumed that this is why an undisclosed agency exists. A trader would also put the “principle” at greater risk. The power of an agent to act for a contracting entity must have existed at the time the contract was concluded. Thus, if the seller/broker acted on his own behalf at the time of the opening and not on behalf of a sponsor/financier, the seller/broker is not in a position to later state that the agreement was entered into under the aegis of an A.P. Financing leases under a main contract and agency contract (“AP”) is a common financing technique for the supply of commercial equipment in all states of Australia. The main plank on which the legal and commercial practice of the P-A is built is the law of the undisclosed client. However, if there is no evidence of a real agency relationship, there can be no question of relying on the doctrine of undisclosed sponsors. However, the client is not liable if the contract provides that an undisclosed principal is not a contracting party. The flexibility of the law with respect to its provisions relating to the Agency allows for a derogating from the fundamental legal principle of “privity of contract”; In other words, contractors cannot delegate rights or obligations relating to the contract to anyone but themselves. A P-A allows a party such as a broker (but often a seller of goods or a “seller”) to create legal relationships (.
B, for example, a lease agreement) linking a third-party lease to the final customer. An agent is a third of the intermediary and a third party, so it would generally be said that a third party should use the law of the unlawful act and proof of fraud to prosecute the agent. However, the law of the agency, when the contract is concluded by this agent, imposes an ancillary contract between the representative and the third. This contract guarantees to the third party that the agent is entitled to enter into this contract and can be sued under contract law if he does not have the real or obvious power required. This means that the third party will be placed in the same financial position as if the contract had been executed. The doctrine of undisclosed freedom of decision may also be excluded if the agent signs a contract entered into in a manner inconsistent with the doctrine. In Drughorn , it was not incompatible for an agent to qualify as a charterer, but in Humble v Hunter (1842), an agent who called himself an owner was not compatible with the doctrine: there could be no unknown sponsor. Under agency law, an undisclosed client is a person who uses an agent to negotiate with a third party who is not aware of the identity of the agent`s client.
Often, in this type of situation, the officer claims to act for himself.