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The duty of care arising from the agency contract of the agent

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2025
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Abstract (EN)

The purpose of this study is to examine the nature, scope, legal and practical dimensions of the duty of care arising from the power of attorney contract. The agency relationship is based on the principle that one person carries out certain transactions on behalf of another person. This relationship requires not only a delegation of authority, but also high standards of care, loyalty and professionalism. The agent has an obligation to protect the interests of the principal in the best possible manner. This study discusses the basic concepts of the agency relationship and the agency agreement, and then explains in detail the content and scope of the duty of care arising from the agency agreement. It also examines the rights and obligations of the parties to the agency relationship, the consequences of breaching the agency agreement and the legal problems arising from this situation. The main obligations of the agent in the agency contract are the obligations of return, accountability, personal performance, confidentiality, fulfilment and loyalty. Each of these obligations is closely related to the care that the agent should show during the performance of the work. The agent must fulfil these obligations by protecting the rightful interests of the principal and doing his/her job in the best way possible. Violation of the duty of care by the agent in the power of attorney contract has various legal consequences. The agent is responsible for the compensation of the damages arising from the breach of this obligation. In the event that the agent fails to fulfil his/her duty duly, the principal may claim compensation for the damages. As a result, the fulfilment of the duty of care in an agency contract is a critical element that strengthens the fiduciary nature of the agency relationship and ensures legal harmony between the parties.

Author

Şeyma Erkal

How to Cite

Şeyma Erkal (Master Thesis). The duty of care arising from the agency contract of the agent, 2025, MEF University.

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