Agency - rights & duties of P & A

Question 1

rights of P

Answer 1

• right to control A
• right to A’s duty of reasonable care, diligence and judgment when carrying out A’s duties
• right to A’s duty of loyalty/obedience - no acts of self-interest by A and refrain from secretly profiting
• right to notice / accounting of all relevant issues and of property and funds

Question 2

duties of P to A

Answer 2

• deal fairly and in good faith per the agency K terms - a) provide A w/ info concerning risks of physical or financial harms that P knows by A does not and b) duty to not injure A’s business reputation
• duty to compensate A if P expressly or impliedly agreed to do so
• duty to not interfere w/ A’s completion of agency work
• duty to indemnify A against pecuniary loss suffered in connection w/ agency and w/ in scope of A’s ACTUAL authority - not for A’s negligent or wrongful conduct

Question 3

P’s remedies for breach by A

Answer 3

• injunction
• breach of K action
• tort action
• rescission
• restitution
• termination of agency relationship
• forfeiture of compensation
• disgorgement of A’s profit

Question 4

rights of A

Answer 4

• right to compensation - if P agreed
• right to not have P interfere
• right to indemnification / reimbursement
• right to safe work environment
• right to contract or tort remedies

Question 5

duties of A to P

Answer 5

• A’s duty of reasonable care, diligence and judgment when carrying out A’s duties
• A’s duty of loyalty/obedience (whether A is compensated or gratuitous) - no acts of self-interest by A and refrain from secretly profiting, no dealing w/ P adversely w/ out P’s knowledge, no usurping business opportunities or competition w/ P
• right to notice / accounting of all relevant issues and of property and funds
• other performance based duties