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8 Legal Relations Between Principal and Agent: Duties the Agent Owes to his Principal

From: Agency: Law and Principles (3rd Edition)

Roderick Munday

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 20 January 2022

Subject(s):
Creation of agency — Nature of agency — Principal’s liabilities

This chapter describes the duties the agent owes to his principal, which fall into two broad categories. On the one hand, because the majority of agencies will arise out of a contract between principal and agent, the latter will owe well recognized duties at common law—most notably, a duty to perform the mandate with reasonable skill and care. On the other hand, however, equity also wields strong influence over the development of agents’ duties. Therefore, agents have often to be considered both as contracting parties, under customary contractual duties to their principals, and also as fiduciaries, owing strict equitable obligations to their principals arising out of the special position of trust in which the law of agency places them. These two species of obligation are considered separately in this chapter.

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