Dear Andrew,

Thanks for the thought - I guess that would depend on whether there
was vicarious liability for breach of fiduciary duty?

Suppose though that either:
1. The party which was under the conflict (to whom it is inappropriate
to refer as S in this context) though an agent of P was not a
sub-agent of A? or
2. The party who learned of the conflict (to whom it is inappropriate
to refer as A in this context) was in fact not P's agent?

Kind regards

Ger

On 1/26/16, Andrew Tettenborn <a.m.tettenborn@swansea.ac.uk> wrote:
> 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
>>
>>
>
> --
>
> --
>
>
>
>
>
>
>
>
> *Andrew Tettenborn*
> /Professor of Commercial Law, Swansea University/
>
> Institute for International Shipping and Trade Law
> School of Law, University of Swansea
> Richard Price Building
> Singleton Park
> SWANSEA SA2 8PP
> Phone 01792-602724 / (int) +44-1792-602724
> Cellphone 07472-708527 / (int) +44-7472-708527
> Fax 01792-295855 / (int) +44-1792-295855
>
>
>
> *Andrew Tettenborn*
> /Athro yn y Gyfraith Fasnachol, Prifysgol Abertawe/
>
> Sefydliad y Gyfraith Llongau a Masnach Ryngwladol
> Ysgol y Gyfraith, Prifysgol Abertawe
> Adeilad Richard Price
> Parc Singleton
> ABERTAWE SA2 8PP
> Ffôn 01792-602724 / (rhyngwladol) +44-1792-602724
> Ffôn symudol 07472-708527 / (rhyngwladol) +44-7472-708527
> Ffacs 01792-295855 / (rhyngwladol) +44-1792-295855
>
>
>
>
> ISTL <http://www.swansea.ac.uk/law/istl/>
>
> See us on Twitter:@swansea_llm <https://twitter.com/swansea_llm>
> Read the IISTL Blog: iistl.wordpress.com <https://iistl.wordpress.com/>
>
>
>
> /Disclaimer: This email (including any attachments) is for the use of
> the intended recipient only and may contain confidential information
> and/or copyright material. If you are not the intended recipient, please
> notify the sender immediately and delete this email and all copies from
> your system. Any unauthorized use, disclosure, reproduction, copying,
> distribution, or other form of unauthorized dissemination of the
> contents is expressly prohibited./
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>