Hurstanger v Wilson 
- The broker for a loan, agent of his principal received both commission from his principal and a another profit from the borrowers
- Could the broker keep both rewards?
- Although the principal knew about the second profit, the quantum of that second profit was not disclosed, therefore the broker was in breach of his fiduciary obligations
- It would be disproportionate to allow rescission of the loan as a result of the agent’s breach; rescission is discretionary
Posted in Commercial Law Revision Notes.
This page was last updated on 31st December 2014