When an agent is employed to carry out any transaction which involves a payment to him on his principal's behalf1, he must not compromise his principal's rights2 or part with his property3, until he has received payment, unless authorised by his instructions or by usage to do so4; but, in the absence of negligence on the part of the agent, he is not liable merely because the debtor, being insolvent, does not pay the debt in full: in such circumstances his duty is to collect all he can5. In the absence of instructions or usage, payment must be received
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Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden conduct needs to be proved. For example, an accused is guilty of dangerous driving if they drove a motor vehicle dangerously on a road or other public
This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
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