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Commercial Intermediaries Notes

LPC Law Notes > Commercial and IP Notes

This is an extract of our Commercial Intermediaries document, which we sell as part of our Commercial and IP Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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Commercial Intermediaries (1) (2) (3) (4)

Methods of getting products on the market: selling directly to customers Appointing an agent Appointing a distributor Licensing technology
Agency Types

- marketing - market Principal's ('P') products and finds/introduces customers to market - Regs less likely to apply to marketing As
- Sales - classic commercial A relationship. A sales A enters into the contract w/the customer by signing it for and on behalf of and in name of P

Key terms of A ag Appointment

Include the following 3 x types (1) exclusive - means P agrees not to appoint anyone else in A's territory or do it themselves (2) Sole- same as exclusive but P can still sell (3) Non-exclusive - P can appoint any numbers of As in territory and sell themselves

Remuneration

Paid via a number of mechanisms:
- % of invoice of products sold; or
- Fixed minimum consideration; or
- Sliding/increasing scale of commission (more A sells, the higher the commission rate)

Rights and duties of(a) ACL - implied duties fiduciary duty to act in good faith Exercise r'able care and skill Account to P for all property received Right of A to r'able remuneration Right of A to be indemnified against liabilities incurred in performing his duties (b) CL - contract law A ag
- what is expressly agreed
- Commercial Agents (Council Directive) Regulations 1993 (Regulations) will either imply or override certain cl's (c) Regulations [see box below]

Regulations

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