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LAW OF AGENCY by Mind Map: LAW OF AGENCY

1. Agent - The person who gave asisstance

1.1. Duties of Agent

1.1.1. Section 164

1.1.1.1. to obey the principal's instructions

1.1.1.1.1. Case: Turpin V. Bilton

1.1.1.2. in the absence of instructions from the principal, to act according to the custom which prevail.

1.1.2. Section 165

1.1.2.1. to exercise care and diligent in carrying out his duties and to use such skill as he possesses

1.1.2.1.1. case: keppel v wheeler

1.1.3. Section 166

1.1.3.1. to render proper accounts when demanded by the principal

1.1.4. Section 167

1.1.4.1. to communicate with the principal

1.1.5. Section 168

1.1.5.1. not to make any secret profit out of the performance of his duty

1.1.5.1.1. case: armstrong v jackson

1.1.6. Section 169

1.1.6.1. principal may recover the secret profit from the agent

1.1.6.1.1. Case: thian kiong hwa v andrew h chong

1.1.6.2. principal may refuse to pay commision to agent

1.1.6.2.1. case: andrew v ramsay

1.1.6.3. principal may dismiss the agent on the ground of breach of duty

1.1.6.4. principal may sue agent and third party for damages

1.1.6.5. not to let his own interest conflict with his duty as agent

1.1.6.5.1. case : Wong mun Wai V Wong Tham Fatt

1.1.7. Section 171

1.1.7.1. To pay the principal all sums received on his behalf

1.1.8. Section 143

1.1.8.1. not to delegate his duty - delegatus non potest delegare

1.1.8.1.1. case : de bussche v alt (1878)

2. Relevant legistration is Contract Act 1950

3. Principal - The person who seeks asisstance

3.1. Duties of Principal

3.1.1. Reimbursement and Indemnification

3.1.1.1. provides compensation for any fund disbursed by the agent to perform reasonable duties of the agency, also to indemnify for liabilities incurred to the agent for lawful acts or transactions of the principal

3.1.2. Compensation

3.1.2.1. principal has a duty to pay upon reasonable compensation of what is agreed or customary to services provided, if an service is requisted to yhe agent

3.1.3. Cooperation

3.1.3.1. the principle has a duty to cooperate with the agent in assistance of performing their duties. the principal must not do anything to prevent the performance of the agents to fulfill their duties.

3.1.4. Safe Working Enviroment

3.1.4.1. the common law states that the principle is required to provide safe working premises, equipment, and conditions for all agents. The principal also is bound to the Duty to inspect all work areas and to warn agents safety hazards

4. An agency may be created by

4.1. Express appointment by the principal

4.2. implied appointment by the principal

4.3. ratification by the principal

4.4. necessity

4.5. doctrine of estoppel