Friday, September 13, 2013

Duties Of Agent And Principle

Duties of doer to wind The means owes the principal duties in dickens categories: the fiducial duty and a set of general duties prevail by agency fairness. Fiduciary duty: Agency kindred is more than than a haveual one, and the agents responsibilities go beyond the border of the pledge. Agency imposes a higher duty than lonesome(prenominal) if to abide by the contract terms. It imposes a fiducial duty. The honor infiltrates the contract creating the agency relationship and reverses the general principle that the parties ar free to act in the absence of agreement. As a fiduciary of the principal, the agent stands in a position of additive trust. His responsibility is to subordinate his self-interest to that of his principal. The fiduciary responsibility is impose by law. The absence of any clause in the contract detailing the agents fiduciary duty does non disembarrass him of it. The duty contains several aspects: Duty to avoid self-dealing A fiduciary may not lawfully service from a battle between his personal interest in a achievement and his principals interest in that same transaction. A broker hired as a purchasing agent, for instance, may not administer to his principal through a phoner in which he or his family has a monetary interest.
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The penalisation for breach of fiduciary duty is loss of fee and profit and possible damages for breach of trust. Duty to bring through confidential information To further his objectives, a principal bequeath commonly need to reveal a number of secrets to his agenthow a lot he is willing to sell or pay for property, merchandise strategies, and the like. Such information could easily be turned to the outrage of the principal i! f the agent were to compete with the principal or were to sell the information to those who do. The law therefore prohibits an agent from using for his receive purposes or in ways that would wrong the interests of the principal, information confidentially given or acquired. This prohibition extends to information...If you desire to get a full essay, order it on our website: OrderEssay.net

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