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Agency Part Two – Agent Duties and Obligations

Where you have appointed a person or entity as an ‘agent’ they must act in your best interests and within the delegated power and authority.

Generally, agents must follow instructions, avoid conflicts with the principal, use reasonable care and, skill and keep proper accounts.

If the appointment is written the agent may be entitled to be paid for the work done on your behalf.  There are numerous factors to consider about whether an agent is entitled to be paid, including circumstances where an agent loses that right.

Where an agent acts within the authority, the principal will usually give an indemnity in relation to legitimate expenses and liabilities.  Such rights can entitle the agent to hold onto goods and chattels owned by the principal, but careful consideration is required before such rights should be asserted.

Disputes can arise about the duties and obligations of an agent; for further information please contact David Collins or Kristy Nunn from our dispute resolution and litigation team..

Liability limited by a scheme approved under Professional Standards Legislation

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