As a result, the lawsuit is dismissed. What rights, if any, does Timothy have against Cynthia?
Timothy retains Cynthia, an attorney, to bring a lawsuit upon a valid claim against Vincent. Cynthia fails to make herself aware of recently enacted legislation that shortens the statute of limitations for this type of legal action, and consequently, she files the complaint after the statute of limitations has run. As a result, the lawsuit is dismissed. What rights, if any, does Timothy have against Cynthia?
Duties of agent to the principal involve Duty of Diligence, which obligates an agent to act with care, competence, and diligence with principal.Also, if an agent possesses some special skills and knowledge, he should act with care, competence, and diligence as will be normally exercised by another agent that has the same skill and knowledge. In this case, Individual C had not performed the task with diligence. If Individual C had acted reasonably, Individual C would have come across the revised Statute of Limitations period, and they would have filed the case earlier to avoid any trouble.For this reason, Individual T can sue Individual C for breach of duty.
Individual T, who is the principal, can claim that Individual C, who is the agent, has not performed their duty with diligence. It is the duty of the agent to perform the task given by the principal with care and competence, which is something that is normally performed by another agent in a similar situation.