Identify the bea or areas of law The area of law concerns this case, which in conjunction with the Agency, especially duties, rights and liabilities of an agent. Explain the principles of law Apparent or Ostensible Authority Where an agent is engaged to deal aside property, it will normally fall within the scope of the agents seeming(prenominal) bureau to describe the nature and quality of the property that he/she is exchange on behalf of the header. Accordingly, if the agents representations are untrue, the vendor will be conjectural to the purchaser for the less suffered by the purchaser as a result of relying on the untrue representations: Aliotta v Broadmeadows autobus attend to Ltd (1988) A.T.P.R. 40 - 873. Right to Indemnity and Reimbursement Every agent is authorise to be indemnified against all dischargees and liabilities. At the same condemnation they are also entitled to be reimbursed for all write down legitimately incurred whilst enthraling out the instr uctions of the headland. It is important to consider the contrive licitly in this context, because if the agent has acted outside the scope of his/her empowerment or engaged in an unlawful act, or suffered loss through and through his/her own negligence or default, thusly the agent would suck in no claim for reimbursement.
financial obligation to Principal normally the agent incurs no liability against the headspring with regard to the contract. Where an agent, however, disobeys the instructions of the principal, such an agent will be liable for any loss suffered by the principal as a result of the breach of the agency agreement. Furthermore, where the! agent does non carry out the instructions of the principal, the agent will be liable to make good the damage suffered by the principal as a consequence of the agents negligence: Mitor Investments Pty Ltd v General throw Fire & Life Assurance... If you want to piddle a full essay, order it on our website: BestEssayCheap.com
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