Duties of constituent to important The instrument owes the principal duties in both categories: the fiducial duty and a set of general duties keep back by agency fairness. Fiduciary duty: Agency alliance is more than than a haveual one, and the agents responsibilities go beyond the border of the boil down. Agency imposes a higher duty than moreover if to abide by the contract terms. It imposes a fiduciary duty. The rightfulness 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 additional trust. His responsibility is to subordinate his self-interest to that of his principal. The fiduciary responsibility is oblige by law. The absence of any clause in the contract detailing the agents fiduciary duty does non lull him of it. The duty contains several aspects: Duty to avoid self-dealing A fidu ciary may not lawfully profit from a encroach between his personal interest in a motion and his principals interest in that same transaction. A broker hired as a purchasing agent, for instance, may not administer to his principal through and through a confederation in which he or his family has a monetary interest.
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 forget commonly need to reveal a number of secrets to his agenthow a lot he is willing to sell or pay for property, merchandise st! rategies, and the like. Such information could easily be turned to the outrage of the principal if 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 abuse the interests of the principal, information confidentially given or acquired. This prohibition extends to information...If you essential to get a full essay, order it on our website: OrderCustomPaper.com
If you want to get a full essay, visit our page: write my paper
No comments:
Post a Comment