Principal's Duties to the Agent
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
On this page:
Writing Template
Issue
I: The issue is whether Principal breached any of the duties owed to Agent.
Analysis
R: Principals owe agents the duties to (1) compensate, (2) deal fairly and in good faith, (3) cooperate, and (4) indemnify.
1. Duty to Compensate
R: The duty to compensate requires the principal to compensate the agent for services rendered in accordance with the terms of the agreement between them or, if no specific agreement exists, providing reasonable compensation for the agent’s work.
A: Here, [apply rule to facts].
C: Therefore, Principal [breached/did not breach] their duty to compensate Agent.
2. Duty to Deal Fairly and in Good Faith
R: The duty to deal fairly and in good faith requires the principal to refrain from taking actions that would unfairly interfere with the agent’s ability to perform their duties and to ensure that the agent is treated honestly and equitably in the performance of the agency agreement.
A: Here, [apply rule to facts].
C: Therefore, Principal [breached/did not breach] their duty to deal fairly and in good faith with Agent.
3. Duty to Cooperate
R: The duty to cooperate requires the principal to take reasonable steps to enable the agent to perform their duties effectively under the agency agreement. This duty includes providing the agent with the necessary resources, information, and access to carry out their responsibilities, as well as refraining from obstructing or interfering with the agent’s performance.
A: Here, [apply rule to facts].
C: Therefore, Principal [breached/did not breach] their duty to cooperate with Agent.
4. Duty to Indemnify
R: The duty to indemnify requires the principal to indemnify the agent for expenses or losses incurred while acting on behalf of the principal, provided that those actions were within the scope of the agent’s actual authority and in furtherance of the principal’s interests. The duty to indemnify includes covering liabilities, costs, and damages that arise from the agent’s lawful performance of their duties.
A: Here, [apply rule to facts].
C: Therefore, Principal [breached/did not breach] their duty to indemnify Agent.
Conclusion
C: Therefore, Principal [breached/did not breach] duties owed to Agent.
Agent's Remedies
R: An agent may have a claim against the principal if the claim is founded in contract or tort law. However, an agent may seek relief only if (1) they choose the remedy sought and (2) mitigate damages both prior to and during the period of relief. If the agent sues for breach of contract, the agent must establish that (3) a right to compensation exists, meaning there was consideration to support the agency relationship. The claim for compensation may take the form of either (a) a suit for damages to recover unpaid compensation or (3) a lien against the principal.
A: Here, [apply rules to facts].
C: Therefore, Agent [may/may not] recover for Principal’s breach.
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
Questions or comments? Reach out at [email protected].