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Undisclosed agency: characterisation and conflict of laws
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The uncertainty surrounding the conceptual basis of undisclosed agency is, in many senses, an academic problem.1 1 However, this uncertainty is not 1 entirely1 academic, and can pose practical challenges in a conflict of laws context. This article explores several private law explanatory theories for undisclosed agency: contract, tort and unjust enrichment. Once each theory is subject to a conflict of laws analysis, it will be observed that a single fact pattern, when analysed through the three lenses, gives rise to three different applicable laws. This divergence risks unwanted legal uncertainty in international transactions structured to incorporate undisclosed agency relations.1
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