94. Bribe or secret commission.

94.     Bribe or secret commission.

A bribe or secret commission is a profit or benefit received by the agent from the third person with whom the agent is dealing on his principal's behalf without the knowledge or consent of the principal, or which was not contemplated by the principal at the creation of the agency1. The receipt of a bribe, whether in money2 or otherwise3, is a breach of duty4. The motive of the donor is immaterial since there is an irrebuttable presumption that the gift was made with the intention that the agent should be