<P> "Firstly, expressing honesty and openness, commercial agents and principals must mutually co-operate in the performance of their agreement . Conduct in good faith requires that each party proactively take action to assist the other in the realisation of their bargain, as opposed to mere abstention from obstructive behaviour . However, whether a party has acted in good faith must not be determined by reference to a moral or metaphysical notion of co-operation; this assessment must be based on an objective appraisal of the actual commercial agency relationship . Accordingly, the intensity of the required co-operation will vary, depending on the terms of the contract and the pertinent commercial practices . </P> <P> Secondly, commercial agents and principals must not exploit asymmetries in their agency relationship in such a manner that frustrates the legitimate expectations of the other party . In this respect, whether a conduct is in breach of the Obligation must be appraised holistically, considering all aspects of the relationship; material facts will include the contractual and commercial leverage of each party, their objective intentions as enshrined in the contract, and the business practices of the sector in question . Nevertheless, the starting axiom of this investigation must be that these are commercial relationships in which professionals are expected to be self - reliant and must be free to pursue their self - interest . Critically, this will not be an estimation aimed at achieving ontological fairness, a just bargain or equilibrium between the giving and receiving of commercial agents and principals ". </P>

Agent's authority to act on behalf of the principal