Sales agency law

Commercial agents and software – goods rather than services?

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Since the introduction of the Regulations, there has been considerable uncertainty as to whether transactions involving computer software can be categorised as "sale of goods" for the purposes of the Regulations. The position has now been clarified - read our article to find out if software comes under gods or services. More …

Brexit – how might sales agents or their principals be affected?

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Sales agents and principals are looking over their shoulders as Brexit approaches. More …

When might compensation be better for a principal than indemnity?

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Under the Commercial Agents Regulations, an agent will generally be entitled to compensation or an indemnity payment on the termination of their agency contract. Unless the agency contract specifies an indemnity payment, the default position is that compensation will be payable. More …

Hedging my bets in a sales agency contract – is it a good idea?

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"Hedging your bets" between the options of compensation or indemnity has come to prominence again in a new case. More …

What is the value of an agent's compensation on termination?

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When an agent's relationship with his principal ends, the agent is entitled to be compensated for damages caused by this termination. More …

How does a commercial agent “acquire” a customer for a principal?

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This article focuses on Regulation 7(1)(b) and the circumstances in which a Court would conclude that a commercial agent has “acquired” a customer for their principal. More …

Commercial agent’s right to commission on incomplete orders

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The vast majority of commercial agents and principals will be well aware of the circumstances in which the commercial agent is entitled to be paid commission on sales made to customers. More …