Duties Flashcards
Agent’s duties to the principal
Duty of Care, duty of loyalty, and obediance to lawful instructions
What is the duty of care required?
Reasonableness varrying upon any special skills the agent may have
Examples of duty of loyalty
Can’t use position to profit for themselves; must act solely for the benefit of the P; must refrain from dealing with P as an adverse party; can’t compete with P; can’t use P’s property for A’s own purpose
What is result if A does not follow P’s lawful directions?
Agent will be liable to the P for any loss that P suffers
P’s remedies for A’s breach
Contract actions, tort actions, actions for secret profits, equitable actions for accounting, imposition of constructive trust, withholding of compensation
P’s duties to A
All duties imposed by the contract, reasonable compensation, and reimbursement for expenses