The following Commercial Q&A provides comprehensive and up to date legal information covering:
Further information would be required to consider the purpose for which knowledge is to be imputed. For example, is a third party bringing a claim against the principal for a statement made by an agent that does not reflect the principal’s position/knowledge?
The following may assist in considering this question:
in appointing an agent, it is the principal that is bound by the actions of the agent and not vice versa. As such, the acts of the principal cannot be deemed the acts of the agent
in the absence of an express contractual provision requiring the principal to share all relevant information with the agent, there is no obligation for full disclosure by the principal to the agent at common law. However, if the agent is a commercial agent under Commercial Agents (Council Directive) Regulations 1993 (CA(CD) Regs 1993), SI 1993/3053, there is a duty under CA(CD) Regs 1993, SI 1993/3053, reg 4 for the principal to act dutifully and in good faith towards the agent and, in particular, to obtain for its commercial agent the information necessary for the performance of the agency contract. This does not create the imputation of relevant knowledge, but does impose an obligation on the principal to provide relevant information to the agent. See Practice Note: Relationship of
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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.
BREXIT: UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
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