Agent Duties

Lesson:

Parties (principals) often employ others (agents) to perform work.

The agents have certain obligations to the principals:

  • Duty of loyalty - the agent must work for the benefit of the principal
  • Duty to obey instructions - the agent must follow reasonable instructions
  • Duty of care - the agent must work diligently for the principal
  • Duty to inform - the agent must promptly disclose material information
  • Duty to account - the agent must keep accurate records
A client came to you, complaining about his agent.

Here's what you know:

  • The escrow agent mixes client escrow funds with the firm’s operating account.

Which aspect of the principal-agent relationship was breached by the agent?

Answer:

  • The agent failed to uphold the duty to account.
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