Why does the law not just prohibit these transactions

Assignment Help Business Law and Ethics

Reference no: EM133232875

(1) Conduct by an agent that would otherwise constitute a breach of duty as stated in §§ 8.01, 8.02, 8.03, 8.04, and 8.05 does not constitute a breach of duty if the principal consents to the conduct, provided that (a) in obtaining the principal's consent, the agent

(i) acts in good faith,

(ii) discloses all material facts that the agent knows, has reason to know, or should know would reasonably affect the principal's judgment unless the principal has manifested that such facts are already known by the principal or that the principal does not wish to know them, and

(iii) otherwise deals fairly with the principal; and

(b) the principal's consent concerns either a specific act or transaction, or acts or transactions of a specified type that could reasonably be expected to occur in the ordinary course of the agency relationship.

(2) An agent who acts for more than one principal in a transaction between or among them has a duty

(a) to deal in good faith with each principal,

(b) to disclose to each principal

(i) the fact that the agent acts for the other principal or principals, and

(ii) all other facts that the agent knows, has reason to know, or should know would reasonably affect the principal's judgment unless the principal has manifested that such facts are already known by the principal or that the principal does not wish to know them, and

b. In general. This section defines the circumstances under which conduct of a principal is effective as consent to conduct by an agent that would otherwise constitute a breach of the agent's duties of loyalty.

Common-law agency does not accord effect to all manifestations of assent by a principal that purport to eliminate or otherwise affect the fiduciary duties owed by an agent. This is so for two distinct reasons: (1) the law, and not the parties, determines whether a particular relationship is one of agency as defined in § 1.01; and (2) the law imposes restrictions on the efficacy of a principal's manifes- tations of assent in the interest of safeguarding the principal's intention in creating a relationship of common-law agencyTTTT Moreover, although a person may empower another to take action without regard to the interests of the person who grants the power, the law applicable to relationships of agency as defined in § 1.01 imposes mandatory limits on the circumstances under which an agent may be empowered to take disloyal action. These limits serve protective and cautionary purposes. Thus, an agreement that contains general or broad language purporting to release an agent in advance from the agent's general fiduciary obligation to the princi- pal is not likely to be enforceable. This is because a broadly sweep-ing release of an agent's fiduciary duty may not reflect an adequate-ly informed judgment on the part of the principal; if effective, the release would expose the principal to the risk that the agent will exploit the agent's position in ways not foreseeable by the principal

at the time the principal agreed to the release. n contrast, when a principal consents to specific transactions or to specified types of conduct by the agent, the principal has a focused opportunity to assess risks that are more readily identifi- able. Likewise, when a principal consents after-the-fact to action taken by an agent that would otherwise breach the agent's fiduciary duty to the principal, the principal has the opportunity to assess what the agent has done with a degree of specificity not available before the agent takes action.

Question 1: Why does the law not just prohibit these transactions rather than allow them with consent and disclosure?

Question 2: What do you think that law should be?

Reference no: EM133232875

Questions Cloud

Creative destruction is product innovation process : Creative Destruction is the product innovation process whereby new concepts (often fueled by technology) replace existing and outdated ones.

Identify a firm core strategy and supporting strategies : First you will need to identify a firm's core strategy and supporting strategies. You will outline the factors which shaped its strategic decisions

Impacts of damages to communications and technology : Describe the key steps that must be taken to understand the impacts of damages to the communications and technology, and utility sectors.

Pros and cons of restricting water consumption : What are the pros and cons of restricting water consumption by businesses in these facilities? What should we do with already overpacked animal shelters?

Why does the law not just prohibit these transactions : Why does the law not just prohibit these transactions rather than allow them with consent and disclosure and What do you think that law should be

What are the risks to the organization : What are the risks to the organization if such a policy is not in place? What are the advantages of planning for every possible scenario

Observations of teaching-actual school environment : How can a student who will undergo a classroom observation going to actualize the connection between educational theory and practice?

What is the basic principle that forms the basis : BUSN 6895 Northeastern University, What is the basic principle that forms the basis for your judgment that it was right and Explain why you think it was wrong

What types of exercise do you regularly engage in : A tremendous amount of research that points to importance of exercise for successful aging is available today. What types of exercise do you regularly engage in

User Account

All Pages