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Unit 3: Contracts of Bailment and Agency




          original deed of power can be deposited in the High Court in whose jurisdiction the principal  Notes
          resides and a certified copy of the deed can be obtained from the High Court. Such certified
          copies are equal to originals and are binding on all.
          Further, s.85 of the Indian Evidence Act provides that the Court shall presume that every
          document purporting to be a power of attorney and to have been executed before and
          authenticated by a Notary Public, or any Court, Judge, Magistrate, was so executed and
          authenticated.

          Self Assessment


          Fill in the blanks:
          17.  In power of attorney, the person executing the deed is known as the ……………….and the
               one in whose favour it is executed is the agent.

          18.  The power of attorney is required to be engrossed on ………………………..paper.




             Case Study  Canadian Food Inspection Agency (CFIA)

                   overnmental responsibility for food in Canada is divided among the federal, 10
                    provincial, three territorial, and thousands of municipal governments. Some 77
             Gpieces of legislation govern food inspection among three levels of government.
            Federal responsibility centres on export and inter-provincial trade: protecting and
            expanding export markets for Canadian food products, and facilitating interprovincial
            trade. In addition, the federal government sets food safety, quality and grading standards
            for products sold interprovincially and internationally and administers regulations aimed
            at preventing the production or sale in Canada of dangerous, adulterated or misbranded
            products. Provinces and municipalities are responsible for:
            The intraprovincial aspects of the food industry, including local food processing, the food service
            industry, and the food retail industry. They decide whether and how to inspect local operations,
            including restaurants and grocery stores, as well as dairies and meat plants whose products are sold
            within the province. (Moore and Skogstad, p. 130)
            The federal government of Canada faced a number of food security problems in the early
            1990s, which facilitated adoption of innovative reform measures:

            1.   Canada’s reputation for high quality food had been damaged by the “tainted tuna”
                 scandal.
            2.   Resources for additional inspection of fish products were not available; resources
                 were not only scarce but shrinking.
            3.   The Government wanted to reform its public service along the lines achieved in the
                 United Kingdom and New Zealand, where separate agencies were spun off from
                 government.
            4.   Developments in international trade and potential developments in interprovincial
                 trade:
                 (a)  Industry and governments favoured harmonized standards and streamlined
                      inspection to ensure the competitiveness of the Canadian food industry
                      domestically & internationally.
                                                                                 Contd...



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