Zusammenfassung der Ressource
AGENCY
Anmerkungen:
- Agency Structure
1. Do the Regulations (1&2) apply?
2. What is the contractual position?
3. What is the position under the Regs?
4. Is there a possible defence or derogation?
5. What is the basis of quantifying claim? (commission and pay off)
6. Any additional requirements(restraint order)?
- 2. What is the Contractual position?
- what does it say in the contract?
- 1. Do the Regs 1&2 apply?
Anmerkungen:
- 1. Are activities within GB?
2. Is A a commercial Agent? R2(1)
3. Do any exclusions apply?
4. Are A's activities secondary?
if YES- agreement must comply
- Reg Text Book 472 -482
- 3. What is the position under the Reg?
- 4. Is there a possible defence or derrogation?
- Authority
- Implied
- If A regularly exceeds authority and P does nothing, amounts to implied
variation
- Actual
- From agreement /implied into agreement
- Apparent
- P held out A as having authority and 3rd party reliance
- if P is bound to 3rd party where
A should not have entered into
the contract, : claim against A
for exceeding authority. If P is
not bound: 3rd party Principal
may claim against A for breach
of warranty of authrity
- Duties Commercial Agents(CD) Regs 1993
- Agent
- negotiate to also mean developing goodwill
- R3(1)look after interests of principle and act dutifully and good faith
- R3(2)comply reasonable instructions
- Principal
- R4(1)act dutifully and good faith
- R4(2)&(3)notify agent within a reasonable period if valye of
commercial transactions will be lower
- R15 duty to give minimum period of notice to terminate
- Termination p127
- R15(2)Notice Period
- minimum notice 1 month=1st year
2 month=2nd year 3 month=3rd
and subsequent yrs
- Termination Payment 'pay off R17
- Indemnity
Anmerkungen:
- Court has to assess the benefit from P from terminating the agency by looking at work done.
R17(4) express indemnity provision
- Based on German Laws
- Limit of 1 year comission
- Compensation p128
- calculated on the value of the agency
including good will
- Derogation/Defences
- R17(9) claim must be notified within 1
year R18(a) agent cannot claim if P
terminates agreement due to A's
repudiatory breach R18(b)A terminates
the agency due to P's default or
repudiatory breach or on grounds of age,
illness or retirement. R18(c) if A assigns
to 3rd party Reg 19 parites cannot
contract out of provisions
- Commission/Remuneration
- R7- agent's right to commission during agency
- R8-entitled to post-termination commission
- R9-if new agent appointed, R7 anew agent given commision same transaction
- R10-when commission due and paid
Anmerkungen:
- Payment due : 3 options, payment will become due at the latest when the customer 'executes' its transaction
Payment made: latest at the end of th emonth following the quarter that it is due.
- R12- agent entitled to statement of commission
- Agent entitled to commission even if sold
by principal in his territory