In force2023 Revised EditionCurrent version · 2023 Revised EditionSee versions on Attorney General's Chambers(opens the publisher’s site)
Contracts Act · 2023 Revised Edition
Official textFrom Attorney General's Chambers, unchanged
An agent who is guilty of misconduct in the business of the agency is not entitled to any remuneration in respect of that part of the business which he has misconducted.
Illustrations
A employs B to recover $100,000 from C and to lay it out on good security.
B recovers the $100,000 and lays out $90,000 on good security, but lays out $10,000 on security which he ought to have known to be bad, whereby A loses $2,000. B is entitled to remuneration for recovering the $100,000 and for investing the $90,000. He is not entitled to any remuneration for investing the $10,000 and he must make good the $2,000 to A.
A employs B to recover $1,000 from C. Through B’s misconduct the money is not recovered. B is entitled to no remuneration for his services and must make good the loss.
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