72. Rights and duties.

5.     Relations between Principal and Agent

(1)     Nature of the Relationship

72.     Rights and duties.

At common law the rights and duties arising out of the relation of principal and agent are to be ascertained by reference to the contract, express or implied, which subsists between them1. This statement must, however, be modified in relation to those cases where the Commercial Agents (Council Directive) Regulations 19932 apply. Those regulations appreciably restrict the parties' freedom of contract3.

The mere existence of the relation raises the implication of a contract involving certain rights and duties, the nature and