Duties and Rights of Agent's and Principals Summary Flashcards Preview

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Flashcards in Duties and Rights of Agent's and Principals Summary Deck (23)
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1
Q

Gilmour v. Clark 1853

A

Obey the instructions of the principal - The principal instructed the agent to put the goods on one ship; then the agent’s servant put them on another, which sank. The agent was liable for these actions.

2
Q

Lord Fullerton on the skill and care of a professional.

A

‘Where the agent is a professional person, his duty is that of a reasonable, competent and careful member of that profession’. Cooke v. Falconers Representatives 1850

3
Q

Bell on the standards of an agent

A

‘The skill of a prudent man in managing his own affairs’.

4
Q

Robertson v. Drummond and Reid 1881

A

Use their position for their own benefit - When a solicitor employs an auctioneer for a client, they must benefit that client with any discount that they receive.

5
Q

McPherson Trustee v. Watt 1877

A

Let personal interest conflict with the business - Watt sold 4 properties on behalf of the trustees. Selling to his brother for a discounted price. This case highlights you must be honest in your transactions.

6
Q

Liverpool Victoria Friendly Society v. Houston 1900

A

Information remains confidential - 4 years after Houston worked for LV he disclosed their customer list. Tried to argue he was no longer an agent but this was not allowed.

7
Q

De Bussche v. Alt 1878

A

Act in Person - The court held there was no breach of duty by the agent in appointing a sub-agent as delegation was expressly agreed. Where the sub-agent fails in their duties the agent can be liable.

8
Q

MacKersy’s Executors v. St Giles Cathedral Managing Board 1904

A

Right to Remuneration - Rebuttable presumption that the agent is entitled to payment for work if the work is part of the agent’s livelihood.

9
Q

Lord Kinnear on the right to relief against the principal

A

‘In the first place to be indemnified for the monies he has expended, or the loss he has incurred’. Glendinning v. Hope 1911

10
Q

Drummond v. Muirhead & Smith 1900

A

Right of Lien - Looked after an estate where the party was bankrupt. The drafted deeds were retained until payment was made. The court held this was allowed.

11
Q

‘Where the agent is a professional person, his duty is that of a reasonable, competent and careful member of that profession’. Cooke v. Falconers Representatives 1850

A

Lord Fullerton on the skill and care of a professional.

12
Q

Obey the instructions of the principal - The principal instructed the agent to put the goods on one ship; then the agent’s servant put them on another, which sank. The agent was liable for these actions.

A

Gilmour v. Clark 1853

13
Q

Use their position for their own benefit - When a solicitor employs an auctioneer for a client, they must benefit that client with any discount that they receive.

A

Robertson v. Drummond and Reid 1881

14
Q

‘The skill of a prudent man in managing his own affairs’.

A

Bell on the standards of an agent

15
Q

Information remains confidential - 4 years after Houston worked for LV he disclosed their customer list. Tried to argue he was no longer an agent but this was not allowed.

A

Liverpool Victoria Friendly Society v. Houston 1900

16
Q

Let personal interest conflict with the business - Watt sold 4 properties on behalf of the trustees. Selling to his brother for a discounted price. This case highlights you must be honest in your transactions.

A

McPherson Trustee v. Watt 1877

17
Q

Right to Remuneration - Rebuttable presumption that the agent is entitled to payment for work if the work is part of the agent’s livelihood.

A

MacKersy’s Executors v. St Giles Cathedral Managing Board 1904

18
Q

Act in Person - The court held there was no breach of duty by the agent in appointing a sub-agent as delegation was expressly agreed. Where the sub-agent fails in their duties the agent can be liable.

A

De Bussche v. Alt 1878

19
Q

Right of Lien - Looked after an estate where the party was bankrupt. The drafted deeds were retained until payment was made. The court held this was allowed.

A

Drummond v. Muirhead & Smith 1900

20
Q

‘In the first place to be indemnified for the monies he has expended, or the loss he has incurred’. Glendinning v. Hope 1911

A

Lord Kinnear on the right to relief against the principal

21
Q

List the duties an agent owes to the principal -

A

i) To obey the instructions of the principal.
ii) To exercise due care and diligence.
iii) To account to the principal.
iv) To act in good faith in the principals interest.
v) To act in person.

22
Q

List of an agent rights against the principal -

A

i) Right to remuneration.
ii) Right of relief against the principal.
iii) Right of lien.

23
Q

List the concepts of good faith that an agent owes to the principal -

A

i) Use their position for their own benefit.
ii) Let personal interest conflict with business.
iii) Disclose confidential information.