《粉皮信托部分》.docVIP

P236 secret profits ?秘密利润 Profits made by an agent during the course of his agency without the knowledge or authorization of his principal. The principal may require the agent to account for（对…负责） secret profits. Pecuniary profits made by an employee from third persons during employment, without the employer’s approval. An employee who makes such profits is in breach of the general duty of faithful service owed to the employer, even when the profit does not in any way lessen or adversely affect the profits due to the employer: An employee may not retain, without approval, any profit or property which has been acquired through opportunities furnished by the employment Secret commission ?秘密佣金Any gift or valuable consideration accepted by or given to an agent as an inducement or reward for any act done, forbearance observed, or favour shown in relation to the principal’s affairs or business or on the principal’s behalf or for obtaining an agency or contract for or with the principal. ?A third party who has bribed or paid a secret commission to an agent is liable to compensate the principal for any loss or damage resulting from the agent’s acceptance of the bribe or secret commission。Accepting secret commissions is a breach of an agent’s duty to the principal and the agent is liable to the principal for the amount. Where the contractor has agreed to pay a commission to any agent of the employer in order to secure the acceptance of a tender, the employer may rescind the contract (Alexander v Webber [1922] 1 KB 642) and may sue the agent for any commission received and for damages如承办商已同意向雇主的任何代理人支付佣金以确保投标的接纳，雇主可撤销有关的合约 (Alexander v Webber [1922] 1 KB 642)，及可就任何收取的佣金及损害赔偿起诉代理人 following assets〔英〕追索信托财产（衡平法的一项重要原则，即一方如违背义务将信托财产转移给第三方，拥有财产所有权的另一方有权向第三方追索该财产，即便第三方是以合法名义取得该财产的）/～ing underwriter 非首要证券经纪人，非主要承保人/～ing up inquiries 追究到底的询问 following assets ?追索财产；双方当事人之间存有受信关系时，如果一方当事人违反受信义务而将财产转移至他人手中，则对方当事人可以从该他人处追还财产，无论该人系法定所有权的取得者或自愿送还者，但不能向善意买受人进行追索，如果该买受人已支付有效对价且未被告知所存在的受信关系