From: Andrew Tettenborn <a.m.tettenborn@swansea.ac.uk>
To: Gerard Sadlier <gerard.sadlier@gmail.com>
obligations@uwo.ca
Date: 26/01/2016 14:08:00 UTC
Subject: Re: Query - Cases on Agent's Duty to Disclose Sub-Agent's Conflict of Interest
Might not an agent be liable automatically for his subagent's BFD in the same way that he is liable for the sub's incompetence?

Andrew

On 26/01/16 13:59, Gerard Sadlier wrote:
Dear all,

I'd be very grateful for any guidance on cases or academic authority
on the following hypothetical:

Suppose that A acts as agent for P (the principal) in a transaction.
In the course of that transaction, A comes to learn that S,  through
whom P deals with A has a conflict.

Does A have a duty to tell P? If so, is that duty in contract, tort or
fiduciary in character?

Suppose further that S's conflict is created by A, who offers
commissions to S for directing P's business to A, which A presumably
believes that P is aware of but of which P is not in fact aware?

Kind regards

Ger

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Andrew Tettenborn
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Andrew Tettenborn
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