An agent's rights and duties

Duties of an agent:

1. To conduct the business according to the principal's directions (s. 211), or, in the absence of directions, according to the custom of the business; if he acts otherwise, he must make good any loss and account for any profit.
2. To act with reasonable skill and diligence (s. 212), and to make compensation for “the direct consequences of his own neglect, want of skill or misconduct”.
3. To render proper accounts to the principal on demand (s. 213).
4. To communicate with the principal in cases of difficulty and seek his instructions.
5. Not to deal on his own account in the business of the agency without the principal's consent (ss. 215-216). If A's agent B tells A a house cannot be bought and buys it for himself, A may compel B to sell it to him at the price B paid.
6. To pay over sums received for the principal (s. 218), and not to delegate his authority except as allowed (s. 190).
7. On the principal's death or insanity, to take reasonable steps to protect the principal's interests (s. 209).
8. Not to make any secret profit from the agency, and not to use information obtained in confidence in the course of the agency against the principal.

Rights of an agent:

1. Right of retainer (s. 217): to retain, out of sums received on the principal's account, money due to him for advances, expenses and remuneration.
2. Right to remuneration (s. 219): the agreed or reasonable remuneration, normally due only on completion of the business; none for misconduct in the business (s. 220).
3. Right of lien on the principal's goods and papers received by him, until his dues are paid.
4. Right to indemnity for lawful acts done in exercise of his authority and for acts done in good faith, but not for criminal acts.
5. Right to compensation for injury caused by the principal's neglect or want of skill.