Compensation For Termination Of Agency Agreement

Q Question: I have been working in the UK for 10 years as a British agent for a leading Italian company. We have signed an agency agreement which is subject to Italian law. This company was bought by someone else when my agency contract and my relationship have not yet been concluded. The new company asked me to sign a new agency agreement on the same products and the same region, but under different conditions. For example, they would not grant regional pre-emption privileges and set new sales targets to achieve the annual renewal of the agency contract. Can I refuse the new contract? If I terminated the agency contract, would I be compensated? It is possible to decide whether a person is an agent in deciding whether to work for themselves or for the client. A contract in which a party agrees to be directly responsible is not an agency contract. 35 Stephen Sidkin , “Terminating agency” (2006) 150 (14) SJ 463. During the Life of the Agency, an agent must maintain detailed records that allow for accurate calculations of its net costs and profits if compensation is relevant. After King v Tunnock, the English courts have consistently moved closer to the problem of calculating compensation. The following circumstances are expressly stated in the 1993 Commercial Agents Regulations (Council Directive) or have been reviewed by the courts or are sufficiently frequent scenarios that may give rise to compensation or compensation: the Indian Contracts Act provides that it is not mandatory to submit a formal written agreement for the establishment of an agency contract , because the conditions and actions of the parties are the same. There could be a unit, and it will be legitimate, even without respect, which is an exception to the law, that transactions without consideration are not valid. In addition, anyone who is a major and is in good health can be used as a unit under Section 183 of the Indian Contract Act.

This work mainly concerns Regulations 17 and 18, which have introduced rights to protect commercial agents by compensation (or compensation) in the event of termination of the agency contract. Davis J. accepted the idea of a “Broad Brush” approach, but also maintained the need to follow a certain methodology in assessing compensation. He listed several factors (14 in total) that he felt were relevant to the assessment of compensation. It took into account the contractual and effective duration of the agency contract, the terms of the agency agreement, the nature, history and market of the Agency, Regulation 17(a) (a) and b), the type of clientele and contracts concluded, the exclusivity of the Agency, the exclusivity of the Agency, any non-competitors, that the principal withholding benefit benefits from the benefit of the agent`s , restrictions at the end of the transaction, other payments, the manner in which the Agency terminated, financial contributions to the value of the business or the value of the business, and losses resulting from an infringement. It is obvious that the value of the agency`s activities, and therefore compensation, can be important for a capital in a good financial and economic situation, which merely restructures its activity, for example by modifying the target market. Similarly, termination would allow the agent to claim the value of the Agency`s activities36 if the agent`s performance is not good, but the agreement does not allow the client to terminate the contract for violation.

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