Dear Ger,

1. If S (however improperly designated) is acting on P's business on the say-so of A, isn't it going to be very difficult to argue that he's not a sub-agent of P? This isn't so unfair as you might think. If S doesn't know of P's existence, presumably P won't be able to sue him (as against A) if with A's permission he commits a BFD?

2. Doesn't this depend on the precise relations between A and P (i.e. whether they are sufficiently proximate and/or intimate give rise to a duty of care / information on A's part)?

Best wishes

Andrew

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

--

--








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