Observation

The question was also avoided by most candidates. Those who attempted the question outlined the duties of a sales representative as against that of an agent as required by the question in (b).  

The expected responses to the question include:

(a)      Rights of an unpaid seller of goods

1. Right to retain possession of goods until the price is paid.
2. Right to sue for non-payment of price of goods.
3. Right to sue for damages for non-acceptance of goods.
4. Right to resell the goods.
5. Right to stop the goods on transit if buyer becomes insolvent.

(b)     Duties of an agent to his principal

1. He is to obey and carry out lawful instructions.
2. He is to demonstrate diligence and skill in the performance of his duties.
3. He is to act honestly and in due faith for the benefit of the principal.
4. He is to perform tasks personally and not delegate them.
5. He is to render account of his activities to his principal.
6. He should not divulge his principal’s confidential information.
7. He should not compete with his principal in similar activities or make secret gains.