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Agency - The Agent


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This note looks at the duties owed by an agent to its principal. These are of course subject to variation by agreement and, where they apply, The Commercial Agents (Council Directive) Regulations 1993 (SI 1993/3053, as amended by SI 1993/3173 and SI 1998/2868) (the Regulations):

  • To obey the lawful instructions of the principal.
  • Not to delegate, sub-contract his authority.
  • Only to act within the limits of his authority (actual or ostensible).
  • Not to make a secret profit or accept bribes.
  • Not to put himself into a situation where his interests will conflict with those of his principal.
  • To use reasonable diligence and care, and reasonable despatch.
  • To disclose all material facts to the principal and to refrain from divulging confidential information to third parties.
  • To account to the principal for property and money of the principal which is under his control.
  • In situations where the Regulations do not apply, these duties (even the fiduciary ones) can be contracted out of as between principal and agent where both parties are businesses.

Izaz Ali is a commerical lawyer who specialises in information technology law and intellectual property law with an emphasis on IT, escrow and buying and selling online businesses.

About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.

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Article Published/Sorted/Amended on Scopulus 2008-05-11 18:44:11 in Legal Articles

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