P/A Duties Owed

Question 1

What are the duties an A owes to a P?

Answer 1

1. Duty to exercise reasonable care.
2. Duty to obey.
3. Duty of loyalty.

Question 2

Duty to Exercise Reasonable Care

Answer 2

An A has a duty to exercise reasonable care in performing the duties assigned to him by the P.

Question 3

Duty to Obey

Answer 3

An A has a duty to obey the P’s instructions.

Question 4

Duty of Loyalty

Answer 4

3 sub-obligations, the violation of any one will breach.

1. No self-dealing- A may never receive a benefit to herself to the detriment of the P
2. No usurping P’s opportunities
3. No secret profits

Question 5

Remidies for Breach of A’s Duties to P

Answer 5

• P may recover losses caused by the breach; AND
• P may disgorge profits made by the breaching agent