Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Agency definition

What does Agency mean? Agency describes the legal relationship by which one person (the agent) is authorised to affect a principal’s legal relations with third parties, typically by entering contracts or performing other legal acts on the principal’s behalf. It is a common law concept developed mainly through case law across England & Wales, Scotland, Northern Ireland and Ireland, with sectoral statutes in specific contexts (for example the Commercial Agents Regulations, the Partnership Act 1890 and companies legislation). Key features include authority (actual—express or implied—and apparent/ostensible), the principal’s ability to be bound or acquire rights through the agent (including by ratification),...

Principal–Agent Relationships: Appointment Types, Agents’ Fiduciary and Contractual Duties, Principals’ Obligations, Remedies, and Agency Contract Considerations

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Practice notes

This Practice Note sets out the respective rights and responsibilities of a principal and their agent, whether arising under law by implication or expressly contained within the agency agreement. It reviews the nature and status of an agent’s appointment and the fiduciary obligations an agent owes to the principal. It also outlines remedies for breach of duty, including actions for damages and for an account...

General

In business contexts, the rights and duties of principal and agent are usually captured in a written agency agreement. Where the agreement is silent, the law may imply additional obligations. Notably, the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053, set out specific rules for commercial agents which, in most circumstances, cannot be excluded by contract. For issues concerning commercial agents, see Practice Notes: Commercial agency, Relationship of commercial agent and principal, and Termination of commercial agency. An agency relationship is founded on trust; accordingly, an agent owes fiduciary as well as contractual duties to the principal (as confirmed in Parker v McKenna). For further guidance on fiduciary duties, see Practice Note: Fiduciary duties...

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Web page updated on 21/05/2026

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