- 20 Marks
BCL – L1 – Q35 – Agency
Question
(a) Describe the rights and obligations of principal and agent.
(b) On what bases will termination of an agency relationship occur?
(c) Explain the following agency terms:
(i) General agent,
(ii) Special agent, and
(iii) Agency by necessity
Answer
(a). Right of an agent:
- Right to Remuneration or Commission: Unless the terms of agency state otherwise, the agent is entitled to commission (remuneration). An agent’s remuneration is based on the terms of his agency agreement.
- Right to indemnity: The principal must pay for any loss or liability and also reimburse all expenses lawfully incurred in the execution of duties unless the agency contract states otherwise.
- Right to exercise lien: An agent is entitled to retain possession of goods until remuneration, debt, or other obligations owed him by the principal have been settled.
Obligation of an agent:
- To act in accordance with the principal’s lawful instructions (not act ultra vires).
- To exercise due diligence in the performance of his duties.
- To keep proper accounts and to render an account when required to do so.
- The agent must act in good faith.
- The agent must not make any “secret profit”.
- The agent must not delegate his authority to another person.
Right of a principal:
- Sue for damages if the agent fails to act according to the terms of contract.
- Sue for damages for negligence.
- Sue for ‘secret profit’ or bribes obtained by the agent in discharging his/her duties.
Duties of a principal:
- To pay commission or remuneration to his agent.
- To indemnify the agent.
- To give precise instructions.
(b). Candidate is to state and explain ways by which contracts can be terminated with relevant cases:
- Agreement
- Operation of law (death, insanity, insolvency)
(c). General Agents have authority to act for their principals in all matters connected with a particular trade or business. A general agent has implied power to bind his principal in all matters of ordinary business in the enterprise of the relationship. In Watteau v Fenwick (1893) 1 QB 346.
- Special Agents are appointed to act in respect of a particular transaction or a series of transactions and usually have only limited powers or authority.
- Agent by necessity occurs where in emergency situations; a person is compelled to act in order to protect the property or interest of another. Springer v Great Western Railway Company (1921) 1 KB 257.
- Tags: Agency, Agency by Necessity, Contract Law, General Agent, Special Agent
- Level: Level 1
- Topic: Agency
- Uploader: Samuel Duah