Monday, February 21, 2011

Week 5 Sport Law Post

Beyond fiduciary duty, discuss the two primary duties that an agent has to his or her client (Duty of loyalty and duty of obedience).

The agent has the duty of loyalty to his or her client. This means that "the agent must act solely and completely for the benefit of the principal. The agent may not compete with the principal unless the principal has agreed to it. The agent also may not work on anything adverse to the principal. The agent must also refrain from entering the principal into agreements which will benefit the agent personally unless an agreement has been made with the principal, Even then the transaction will only be enforced if it deemed fair and reasonable by the courts.

The agent also has the duty of obedience to his or her client. This means that the agent has a "duty to follow all reasonable instructions given by the principal." Even if the principal tells the agent to do something harmful to the principal's cause, the agent must follow through on it. The agent should inform the principal that the action could have negative effects and should document his or her dissent.

Sport Law Related Article of the Week:

This article discusses the push for legislation against fixing sporting matches. While this is currently not a major issue in Australian sports they are trying to put measures in place to prevent future problems. The gambling industry is a major growth industry in Australia.

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