WAEC Commerce 1994 Theory question 103

Theory question 103

Law of Agency

Commerce 2 (answer five questions)
(a) Who is an agent?
(b) Give six duties of an agent.
(c) State three rights of an agent.

Show the model answer
Model answer

(a) An agent is a person authorised to act on behalf of another (the principal) in dealing with third parties, so that the principal is bound by his acts.
(b) Six duties: obey the principal's lawful instructions; act with care and skill; act personally (not delegate without permission); act in good faith – no secret profit or bribes; avoid conflict of interest; keep proper accounts and hand over money received; keep the principal's business confidential; act within his authority.
(c) Three rights: to receive the agreed commission/remuneration; to be repaid expenses properly incurred; to be indemnified against losses and liabilities incurred in the agency; lien – to keep the principal's goods until paid.

Explanation

Duties are owed by the agent to the principal; rights are claims on the principal.