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9 Legal Relations between Principal and Agent: Rights of the Agent against the Principal

From: Agency: Law and Principles (4th Edition)

Roderick Munday

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 16 April 2024

Agent's rights against principal — Legal relations between principal and third party — Legal relations between agent and third party — Measure of indemnity and insurance

This chapter considers an agent that owes a veritable constellation of duties towards the principal, wherein the principal’s corresponding duties towards his agent are more restricted. It analyzes three principal rights enjoyed by the agent: remuneration, indemnity, and lien. It also explains that remuneration is a term of the contract in which the agent will be entitled to remuneration in accordance with what the parties have expressly or impliedly agreed in their contract. The chapter clarifies that indemnity entitles an agent to be indemnified for expenses incurred by him and losses occasioned to him in the performance of his agency, while lien is the agent enjoys a possessory lien over his principal’s property. It reviews the agent’s right to be remunerated, which is determined by the express terms of the contract between principal and agent.

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