Using case laws explain the common rights of an agent in the agency law, using apa citations 6th edition?
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Apr 5
In agency law, an agent is a person who is authorized to act on behalf of another person, known as the principal. The common rights of an agent in agency law include the right to be compensated for their services, the right to be reimbursed for expenses incurred in the course of their duties, and the right to be indemnified for any losses suffered while acting within the scope of their authority.
In the case of Hely-Hutchinson v Brayhead Ltd [1968] 1 QB 549, the court held that an agent is entitled to be compensated for their services unless there is an agreement to the contrary. In this case, the agent had successfully negotiated a contract on behalf of the principal, but the principal refused to pay the agent's commission. The court ruled in favor of the agent, stating that the agent was entitled to be compensated for their services.
Additionally, in the case of Watteau v Fenwick [1893] 1 QB 346, the court held that an agent is entitled to be reimbursed for expenses incurred in the course of their duties, even if the principal did not authorize the expenses. In this case, a pub owner appointed a manager to run the pub, but the manager exceeded his authority by purchasing cigars from a third party. The court ruled that the pub owner was still liable to reimburse the manager for the expenses incurred.
Furthermore, in the case of Lister v Romford Ice and Cold Storage Co Ltd [1957] 1 QB 543, the court held that an agent is entitled to be indemnified for any losses suffered while acting within the scope of their authority. In this case, an agent was sued for negligence in the performance of their duties, and the court ruled that the principal was responsible for indemnifying the agent for any losses incurred as a result of the lawsuit.
In conclusion, the common rights of an agent in agency law include the right to be compensated for their services, the right to be reimbursed for expenses incurred, and the right to be indemnified for any losses suffered while acting within the scope of their authority. These rights are essential to ensure that agents are fairly compensated and protected while carrying out their duties on behalf of their principals.