Business Law

Ask a Business Lawyer. Get Business Law Questions Answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

Business Law
This answer was rated:

If I work as agent for a company meaning I am in Israel the

company is in West Europe...
If I work as agent for a company meaning I am in Israel the company is in West Europe and the company grants me Agency Exclusive representation for Israel but due to many reasons I cannot develop business for this company in Israel during 2 years agreement period, can this company have claims and complains against me ? I never promised them business amount or selling quantities.? What is your opinion?
Show More
Show Less
Ask Your Own Business Law Question
Answered in 48 minutes by:
2/6/2011
socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 39,373
Experience: Retired (mostly)
Verified
Under the common law of agency, an agent has a duty of fiduciary and loyalty to his/her principal. Thus, as long as the agent uses due diligence and good faith to act in the principal's best interests, the agent has satisfied his/her duty and is not liable for any breach under a general agency contract.

The above-described principles can be overruled by express contract language in a written agency agreement.

Also, if the contract has a choice of law provision, then this could be highly relevant, because "common law" agency principles extend to the UK, USA and other common law jurisdictions. Whereas, in "civil law" jurisdictions, only the express contractual agreement matters, because there is no common law of agency in force.

Thus, if the choice of law for your agreement, is France or Italy, for example, then only the contract matters -- whereas in the UK or USA, the common law of agency controls.

If Israeli law controls -- which is likely if the contract has no choice of law provision, then the common law of agency would be in effect, because Israeli law generally decends from the Torah (of course), but by way of the UK, via the British occupation that predated the current nation of Israel.

Hope this helps.

NOTICE: My goal here is to educate others about the law. I am always available to answering your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.

socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 39,373
Experience: Retired (mostly)
Verified
socrateaser and 87 other Business Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
Companies are in USA GERMANY BELGIUM CAn they blaim me and have against me claims if I can not develop business fr them ?
USA, maybe, Germany, Belgium, unlikely.

Hope this helps.
socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 39,373
Experience: Retired (mostly)
Verified
socrateaser and 87 other Business Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
In which country you are located sir?
Customer reply replied 6 years ago

In which country you are located Sir?

Customer reply replied 6 years ago
You wrote me USA Maybe Germany Belgium unlikely what you mean by unlikely it means yes or not ? As my english is not perfect I couldnt understand what you mean, please write me if German or Belgium companies can have claims against me if I can not develop business for them
"Unlikely" means Germany and Belgium probably would have no claim against you.

Hope this helps.
socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 39,373
Experience: Retired (mostly)
Verified
socrateaser and 87 other Business Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
USA you wrote me maybe so the good thing to do will be to inform them imediately that I am unable to develop business for them to avoid in future claims from their side?What is your opinion? I am not paid monthly as agent I receive only commission if I get orders for my suppliers and I never promised them certain amounts of orders or business, so what can they claim?
Customer reply replied 6 years ago
How about Turkey Can they have claims against me?We allways talk about an agency period of one to two years. What is your opinion about Turkey?
As long as you make good faith efforts to produce business, no one can make an adverse claim against you.

What you must be careful of is that if you were to use your agreement to give some other company a competitive edge. For example, say you have two companies that sell ball bearings. You get an agency agreement for one, and then intentionally not develop business for them, because you also have an agreement with another ball bearing company, and they are giving you a bigger commission.

That's the type of situation, where a company would go after you for "lost profits."

Re Turkey, they are civil law, so I wouldn't worry about it.

Hope this helps.
socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 39,373
Experience: Retired (mostly)
Verified
socrateaser and 87 other Business Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago

Yes Sir I understand what you mean is not the case that I work for 2 companies selling the same and give orders to one and dont give orders to other one is not the case.

 

My worries are different like reasons of not being able to do business or because clients I contact refuse such supplier due to their own reasons, or because of my health reasons cannot make enormous activity and small activity not enough result no orders. ,So if they dont receive orders can they claim and say we are disapointed during one year we get no orders and ask me to compensate them?Can this happen?If yes than is it good already to tell them no possibilities?

The best way to handle this sort of situation it to state in the contract exactly what you will do in order to fullfill your obligations, no more and no less. Then you and the contracting party will know what to expect.

Hope this helps.
socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 39,373
Experience: Retired (mostly)
Verified
socrateaser and 87 other Business Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago

I know about a contract I am 30 years in such business but questions I am asking you are for cases that there are no contracts.

 

Unfortunately I am not receiving answers to my last questions,is very late here I cannot continue this comunication I will appreciate very much if you can answer to my last questions. Thank you in advance

Customer reply replied 6 years ago

Can you please answer my last questions? Is very late here I keep waiting.If you cannot answer please let me know.Thank you Sir

Customer reply replied 6 years ago

The last answers you sent me are not answering my questions.

Is a pitty as these questions are very important for me.

I will appreciate very much if you can reply .

If you cannot please let me know .

Thanking you again Kind Regards

So if they dont receive orders can they claim and say we are disapointed during one year we get no orders and ask me to compensate them?

A: The principal must claim more than disappointment. It must claim that you didn't make diligent efforts to obtain business. This is not easy to prove, and if you have health issues, then that could relieve you of any obligation, because you could not possible perform.

If yes than is it good already to tell them no possibilities?

A: I cannot answer this question. It is too speculative, and I am not in a position to advise you about your business -- which I know nothing about.

Best wishes.
socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 39,373
Experience: Retired (mostly)
Verified
socrateaser and 87 other Business Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
<p>What happens in oposite way like I work as agent of German producer since 14 years in Israel gave them best clients with enormous business but now seems like they dont need me anymore and I can see and feel they try to leave me .</p><p>Can they just leave me and continue business in Israel as usual or they have to compensate me? How? The have no obligation to me? We never wrote a contract between supplier and agent. Was all by gentlemen agreement</p>
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 39,373
39,373 Satisfied Customers
Experience: Retired (mostly)

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,793 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

742 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

640 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

564 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
My business partner has his minority business enterprise
my business partner has his minority business enterprise license as well as several other minority accreditations. we have contacts on both the manufacturing and federal government levels. we want to … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,793 satisfied customers
I have a business contract and tax issue that is longer than
I have a business contract and tax issue that is longer than the characters allowed here. Any tax attorney with business contract experience in Los Angeles, California. I will need a email address to … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I need a simple contract to define a business relationship
I need a simple contract to define a business relationship between a consultant and our company. Essentialy the consultant is willing to work for a % of ownership in lieu of payment. I need a contract… read more
NYLAWLADY
NYLAWLADY
attorney solo practice nyc
Doctoral Degree
685 satisfied customers
If a founder leaves a business and no written equity
If a founder leaves a business and no written equity agreement is in place, what rights does the departing founder have in an equity discussion? Is there a baseline assumption of ownership? What power… read more
socrateaser
socrateaser
Attorney
39,373 satisfied customers
Regarding terminating a business contract with a billing
Regarding terminating a business contract with a billing company that processes our billing. Both I and my partner signed contract as required by our Operating Agreement for the business . The billing… read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
Federal Goverment Contracting Trying to structure a business
Federal Goverment Contracting Trying to structure a business by dove tailing two existing businesses whereas one owner is a Service Disable Veteran Small Business and the other is considered a large b… read more
Jim Reilly
Jim Reilly
Private Practice Attorney
Juris Doctor
1,759 satisfied customers
We won a tentative decision on a business to business
We won a tentative decision on a business to business lawsuit for over $1MM. There is also a punitive damage award for hundreds of thousands of dollars on top of the million dollar tentative decision … read more
socrateaser
socrateaser
Attorney
39,373 satisfied customers
I'm starting a general contracting business in Chicago. I'm
Hello. I'm starting a general contracting business in Chicago. I'm considering forming an LLC as a holding company for future DBAs for each part of the business, including construction, cleaning/maint… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
A business executive candidate asked a business owner about
A business executive candidate asked a business owner about the details of the business' technology at a meeting. The business owner's IP attorney advised the business owner not to disclose the techno… read more
Damien Bosco
Damien Bosco
2,998 satisfied customers
I would like to write up a business sale contract of some
I would like to write up a business sale contract of some parts I sold to be paid in 2 years. Do you offer such custom contract?… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,198 satisfied customers
I own a small business, when bought I had a contract with my
I own a small business, when bought I had a contract with my brother he gets 25% and my mom gets 25%. However he has never paid taxes on the money I've given him and my mother and now he says he wants… read more
Barrister
Barrister
Attorney
Doctoral Degree
640 satisfied customers
I have an investment contract with a local business. I was
I have an investment contract with a local business. I was suppose to get 30% of profits monthly. They have defaulted on the agreement. What can I do? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
Question about business/contract law breach of contract and
question about business/contract law breach of contract and file a complaint I like to consult with an attorney preferably from ILLINOIS… read more
Damien Bosco
Damien Bosco
2,998 satisfied customers
I took out a business contract which ran for 5 years and
I took out a business contract which ran for 5 years and included insurance via separate insurers. I received no insurance policy documents at the time of signing. Both companies are regulated by the … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,793 satisfied customers
I have a business/contract law question. I had a hearing in
I have a business/contract law question. I had a hearing in Superior Court with another business. We mutually agreed to remove our negative online reviews from each other's sites, three weeks ago. I h… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,793 satisfied customers
Is a contract from a business that can not be found in the
Is a contract from a business that can not be found in the database of the Secretary of Texas (we think it's a fake company) valid and enforceable? … read more
RGMacEsq
RGMacEsq
Attorney
Doctoral Degree
742 satisfied customers
I recently ended a contract to start my own business and my
I recently ended a contract to start my own business and my former boss is claiming that I am in breach of contract and refusing to pay me and threatening to sue. The issue is that several of her clie… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Does the sales tax rate jurisdiction change depending when a
Does the sales tax rate jurisdiction change depending when a busines: (A) shipped product using a third party (UPS, FedEx, etc), (B) Delivered product using its own employees and truck, (C) Freight on… read more
socrateaser
socrateaser
Attorney
39,373 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x