Secret profit: Difference between revisions

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{{a|contract|}}When an [[agent]] deals with a [[counterparty]] on its [[principal]]’s behalf, the agent must account for the transaction proceeds to the principal. The agent cannot make a [[secret profit]] from the principal’s assets. For example, say I gave you £50 to run up to the super ''Black Gull Bookshop'' in East Finchley to buy a copy of the gorgeous Folio Society edition of {{author|Thomas Kuhn}}’s {{The Structure of Scientific Revolutions}} which I saw in the window for £50. If, when you get there, the book is on special, and you manage to buy it for £30, you don’t get to keep the £20 change, even though I was quite prepared to pay £50 for the book.
{{a|contract|}}When an [[agent]] deals with a [[counterparty]] on its [[principal]]’s behalf, the agent must account for the transaction proceeds to the principal. The agent cannot make a [[secret profit]] from the principal’s assets. For example, say I gave you £50 to run up to the super ''Black Gull Bookshop'' in East Finchley to buy a copy of the gorgeous Folio Society edition of {{author|Thomas Kuhn}}’s {{br|The Structure of Scientific Revolutions}} which I saw in the window for £50. If, when you get there, the book is on special, and you manage to buy it for £30, you don’t get to keep the £20 change, even though I was quite prepared to pay £50 for the book.


{{sa}}
{{sa}}
*[[Agency]]
*[[Agency]]

Revision as of 15:42, 30 October 2020

The basic principles of contract
Formation: capacity and authority · representation · misrepresentation · offer · acceptance · consideration · intention to create legal relations · agreement to agree · privity of contract oral vs written contract · principal · agent

Interpretation and change: governing law · mistake · implied term · amendment · assignment · novation
Performance: force majeure · promise · waiver · warranty · covenant · sovereign immunity · illegality · severability · good faith · commercially reasonable manner · commercial imperative · indemnity · guarantee
Breach: breach · repudiation · causation · remoteness of damage · direct loss · consequential loss · foreseeability · damages · contractual negligence · process agent
Remedies: damages · adequacy of damages ·equitable remedies · injunction · specific performance · limited recourse · rescission · estoppel · concurrent liability
Not contracts: Restitutionquasi-contractquasi-agency

Index: Click to expand:
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When an agent deals with a counterparty on its principal’s behalf, the agent must account for the transaction proceeds to the principal. The agent cannot make a secret profit from the principal’s assets. For example, say I gave you £50 to run up to the super Black Gull Bookshop in East Finchley to buy a copy of the gorgeous Folio Society edition of Thomas Kuhn’s The Structure of Scientific Revolutions which I saw in the window for £50. If, when you get there, the book is on special, and you manage to buy it for £30, you don’t get to keep the £20 change, even though I was quite prepared to pay £50 for the book.

See also