{"title":"贿赂,秘密佣金和蒙特卡洛大饭店","authors":"R. Pearce","doi":"10.5750/dlj.v26i0.933","DOIUrl":null,"url":null,"abstract":"It is a core feature of agency – where one person contractually agrees to act on behalf of another – that the agent owes a duty of loyalty to his principal. This means that an agent must disclose to his principal any profits or gains which he stands to make personally from the transaction involved. An agent is not allowed to receive a corrupt payment such as a bribe to act in a way which is not in his principal’s interest. Indeed, to prevent an abuse of the relationship, even if an agent does not act corruptly, he cannot retain any personal profit made in a transaction relating to his principal unless that profit (for instance an additional commission) has been disclosed to and approved by the principal. So, in Boardman v Phipps a solicitor who made a large profit for a trust was prevented from keeping the profit he made for himself because it had not been agreed by all the trustees and beneficiaries. It was never suggested that he acted dishonestly.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"118 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2014-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"BRIBES, SECRET COMMISSIONS AND THE MONTE CARLO GRAND HOTEL\",\"authors\":\"R. Pearce\",\"doi\":\"10.5750/dlj.v26i0.933\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"It is a core feature of agency – where one person contractually agrees to act on behalf of another – that the agent owes a duty of loyalty to his principal. This means that an agent must disclose to his principal any profits or gains which he stands to make personally from the transaction involved. An agent is not allowed to receive a corrupt payment such as a bribe to act in a way which is not in his principal’s interest. Indeed, to prevent an abuse of the relationship, even if an agent does not act corruptly, he cannot retain any personal profit made in a transaction relating to his principal unless that profit (for instance an additional commission) has been disclosed to and approved by the principal. So, in Boardman v Phipps a solicitor who made a large profit for a trust was prevented from keeping the profit he made for himself because it had not been agreed by all the trustees and beneficiaries. It was never suggested that he acted dishonestly.\",\"PeriodicalId\":382436,\"journal\":{\"name\":\"The Denning Law Journal\",\"volume\":\"118 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2014-09-25\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"The Denning Law Journal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.5750/dlj.v26i0.933\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"The Denning Law Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.5750/dlj.v26i0.933","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
代理的一个核心特征是——一个人以契约的方式同意代表另一个人行事——代理人对他的委托人负有忠诚的义务。这意味着代理人必须向其委托人披露他个人从所涉及的交易中获得的任何利润或收益。代理人不得收受贿赂,例如以不符合其委托人利益的方式行事。事实上,为了防止滥用这种关系,即使代理人没有贪污,他也不能保留在与委托人有关的交易中获得的任何个人利润,除非该利润(例如额外的佣金)已向委托人披露并经其批准。因此,在Boardman v Phipps一案中,一位为信托赚取巨额利润的律师被禁止为自己保留这笔利润,因为这笔利润没有得到所有受托人和受益人的同意。从来没有人说他行为不诚实。
BRIBES, SECRET COMMISSIONS AND THE MONTE CARLO GRAND HOTEL
It is a core feature of agency – where one person contractually agrees to act on behalf of another – that the agent owes a duty of loyalty to his principal. This means that an agent must disclose to his principal any profits or gains which he stands to make personally from the transaction involved. An agent is not allowed to receive a corrupt payment such as a bribe to act in a way which is not in his principal’s interest. Indeed, to prevent an abuse of the relationship, even if an agent does not act corruptly, he cannot retain any personal profit made in a transaction relating to his principal unless that profit (for instance an additional commission) has been disclosed to and approved by the principal. So, in Boardman v Phipps a solicitor who made a large profit for a trust was prevented from keeping the profit he made for himself because it had not been agreed by all the trustees and beneficiaries. It was never suggested that he acted dishonestly.