The following Commercial guidance note provides comprehensive and up to date legal information covering:

  • Sub-agency

This Practice Note discusses the personal nature of an agency relationship, and the circumstances in which the agent may delegate its authority to a third party or sub-agent.

The general rule, arising from the personal nature of an agency, is that an agent may not entrust to another the exercise of a power or duty. However, delegation is allowed with the principal's consent, or where empowered by statute. It may be implied, among other cases:

  1. where no personal skill or confidence is required of the agent, and its duties can be sufficiently discharged by any person

  2. under custom or trade usage