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ACCA Applied Skills · Corporate and Business Law (Global) · Agency law

Wen appoints Basil as agent to sell her paintings in a gallery. Basil spends 600 of his own money on lawful transport costs that were necessary to carry out the instructions, and then Wen terminates the agency. Basil acted within his authority and without negligence. Which statement is correct?

Basil may recover the 600 from Wen as an indemnity for expenses properly incurred within his authority. The right is implied by law, needs no written term and does not depend on a sale taking place or on the agency continuing.

  1. ABasil may claim an indemnity from Wen for the 600, as expenses properly incurred in the agencyCorrect
  2. BBasil cannot claim the 600 unless the agency agreement states the right in writing
  3. CBasil may claim the 600 only if the paintings were actually sold

Explanation

An agent has an implied right to be reimbursed and indemnified for expenses and liabilities properly incurred while acting within authority. It does not need to be written, and it does not depend on a sale occurring, although the agreement can exclude it. Termination does not remove the right for costs already properly incurred.

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