An agent is subject to a number of duties imposed by the general law as legal incidents of the agency relationship.
In this paper, you are required to critically evaluate the given statement based on case law in which you have to focus on the following points:
- The concept and characteristics of agency relationship
- Evaluation of common and fiduciary duties of an agent
- Compliance of the legit and reasonable instructions
- The duty of care, skill, avoid conflict of interest, account, and avoid delegate authority
- Give pertinent references
Legal Aspects of Business
"An agent is subject to a number of duties imposed by the general law as legal incidents of the agency relationship. Where the agency is contractual, some of the duties may take effect as implied term in the contract, or be modified by its express terms. However, certain duties are imposed on the agent automatically."
Critically discuss this statement by referring to relevant case law in the area of agency law.
POINTS TO CONSIDER
Definition and key features of an agency relationship Analysis of general and fiduciary duties of an agent. These should include:
1. The duty to follow the lawful and reasonable instructions of the principal
2. The duty of care and skill
3. The duty to avoid conflict of interest
4. The duty to account
5. The duty not to delegate authority Relevant case law in the area of agency law
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