NZQA registered unit standard
11635 version 5
Page 1 of 4
Title
Apply the law of agency to a given fact situation
Level
5
Credits
4
Purpose
People credited with this unit standard are able to: define
agency; apply the law relating to creation and termination of
agency; apply the law relating to authority of agents; apply the
law as to the rights of third parties; and apply the law relating to
the duties of a principal and an agent to each other, and the
remedies for breach of duty.
Classification
Business Environment > Business Law
Available grade
Achieved
Explanatory notes
1
Definition
A given fact situation refers to a situation giving rise to no more than three legal
issues, where the facts, either hypothetical or actual, are provided in the form of case
studies for assessment purposes.
2
Assessment
Candidate must demonstrate the ability to determine the facts of each fact situation,
identify the legal issues, and identify and apply the law.
Outcomes and evidence requirements
Outcome 1
Define agency.
Evidence requirements
1.1
The definition establishes the relationship between principal, agent, and third
party in terms of the type of agency.
Range
types of agency – universal, general, special;
evidence relating to two types of agency is required.
Outcome 2
Apply the law relating to creation and termination of agency.
NZQA National Qualifications Services
SSB Code 130301
 New Zealand Qualifications Authority 2016
NZQA registered unit standard
11635 version 5
Page 2 of 4
Evidence requirements
2.1
The criteria established in case law, which determine whether an agency is
created, are applied to a given fact situation.
Range
2.2
one of – express agreement, estoppel, ratification.
The criteria established in case law, which determine whether an agency is
terminated, are applied to a given fact situation.
Range
one of – acts by the parties, operation of law.
Outcome 3
Apply the law relating to authority of agents.
Evidence requirements
3.1
The law, which determines whether the principal or agent is bound in contract
through the agent's actions, is applied to a given fact situation.
Range
one of – express, apparent or customary authority.
Outcome 4
Apply the law as to the rights of third parties.
Evidence requirements
4.1
The law relating to the rights of the third party, where the principal is unnamed,
is applied to a given fact situation.
4.2
The law relating to the rights of the third party, where the agent is undisclosed,
is applied to a given fact situation.
4.3
The rules relating to the rights of the third party, where the agent is
unauthorised or has exceeded authority, are applied to a given fact situation.
Outcome 5
Apply the law relating to the duties of a principal and an agent to each other, and the
remedies for breach of duty.
Evidence requirements
5.1
The law relating to the duties of an agent is applied to a given fact situation.
Range
two of – act in good faith in the principal’s interest, act honestly,
act personally, do not disclose confidential information, keep
accounts, avoid conflicts of interest, comply with agreement, do
not exceed authority, exercise proper skill and care.
NZQA National Qualifications Services
SSB Code 130301
 New Zealand Qualifications Authority 2016
NZQA registered unit standard
5.2
The law relating to the duties of a principal is applied to a given fact situation.
one of – to pay commission, to indemnify.
Range
5.3
The remedies for breach of principal’s duties are applied to a given fact
situation.
one of – pay commission, indemnify, termination of contract.
Range
5.4
11635 version 5
Page 3 of 4
The remedies for breach of agent's duties are applied to a given fact situation.
one of – recover secret profits, recover property or money, refuse
to pay commission, indemnify, termination of contract.
Range
Planned review date
31 December 2020
Status information and last date for assessment for superseded versions
Process
Version Date
Last Date for Assessment
Registration
1
30 September 1997
31 December 2018
Revision
2
16 January 2001
31 December 2018
Review
3
17 July 2009
N/A
Rollover
4
24 October 2014
N/A
Rollover
5
21 January 2016
N/A
Consent and Moderation Requirements (CMR) reference
0113
This CMR can be accessed at http://www.nzqa.govt.nz/framework/search/index.do.
Please note
Providers must be granted consent to assess against standards (accredited) by NZQA,
before they can report credits from assessment against unit standards or deliver courses
of study leading to that assessment.
Industry Training Organisations must be granted consent to assess against standards by
NZQA before they can register credits from assessment against unit standards.
Providers and Industry Training Organisations, which have been granted consent and
which are assessing against unit standards must engage with the moderation system that
applies to those standards.
Requirements for consent to assess and an outline of the moderation system that applies
to this standard are outlined in the Consent and Moderation Requirements (CMR). The
CMR also includes useful information about special requirements for organisations wishing
to develop education and training programmes, such as minimum qualifications for tutors
and assessors, and special resource requirements.
NZQA National Qualifications Services
SSB Code 130301
 New Zealand Qualifications Authority 2016
NZQA registered unit standard
11635 version 5
Page 4 of 4
Comments on this unit standard
Please contact NZQA National Qualifications Services nqs@nzqa.govt.nz if you wish to
suggest changes to the content of this unit standard.
NZQA National Qualifications Services
SSB Code 130301
 New Zealand Qualifications Authority 2016