ABSTRACT

This conclusion presents some closing thoughts on the key concepts discussed in the preceding chapters of this book. The book shows that in spite of the silence of the Agency Regulations as to the meaning of the 'negotiating' function of commercial agents, the courts have understood that this essentially refers to the marketing tasks of looking for clients for the goods for the principal. It deals with the obligations of commercial agent and principal to each other while the commercial agency relationship between them is operating. The crucial change brought about by the Agency Regulations in this respect is the imposition of mandatory (i.e. non-excludable) mutual duties of good faith on each party towards the other. The imposition of a mandatory obligation of good faith on the principal is entirely new to English law. Termination is undoubtedly the stage of the relationship where commercial agents are at their weakest and therefore their need of protection at its highest.