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Template:Process agent capsule: Difference between revisions
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===The agent doesn’t have to agree to it, or pass any papers on=== | ===The agent doesn’t have to agree to it, or pass any papers on=== | ||
Now here’s an interesting thing. Having contractually agreed your “method or place” for service, as long as the [[plaintiff]] can prove it complied with it,<ref>It will do this by having its [[process server]] swear an [[affidavit of service]].</ref> the court will not enquire whether the claim, duly served, ever found its way to the actual defendant. The view being the defendant assumed the risk of its process agent being competent enough to forward on the correspondence, in the same way a local defendant assumes the risk of its receptionist neglecting to pass the package to its [[legal eagles]]. So the painful strictures in process agent [[boilerplate]] dealing with replacement or succession of agents are not entirely necessary. If the [[contract]] provides it may be served by | Now here’s an interesting thing. Having contractually agreed your “method or place” for service, as long as the [[plaintiff]] can prove it complied with it,<ref>It will do this by having its [[process server]] swear an [[affidavit of service]].</ref> the court will not enquire whether the claim, duly served, ever found its way to the actual defendant. The view being the defendant assumed the risk of its process agent being competent enough to forward on the correspondence, in the same way a local defendant assumes the risk of its receptionist neglecting to pass the package to its [[legal eagles]]. So the painful strictures in process agent [[boilerplate]] dealing with replacement or succession of agents are not entirely necessary. If the [[contract]] provides it may be served “by delivering it to the first person you meet at Waterloo station at 9am” — even, I like to think, by “impaling it on Boadicea’s sword on the Victoria Embankment in the presence of one or more tourists”, then that is what you must do, and no more. | ||
This is, by the way, no more than an articulation of the basic rules of agency: the agent represent the principal: what I give to an agent, I have given to the principal as far as I am concerned.<br> | |||