A licensee is the property manager for a shopping center. The shopping center owner tells the licensee to avoid internet marketing because the owner distrusts the technology. The licensee discusses this with the owner, but eventually complies. The licensee's compliance is due to the duty of
Compliance with the owner's wishes reflects the duty of obedience.
The licensee's decision to follow the owner's directive to avoid internet marketing, despite their discussion on the matter, illustrates their obligation to obey the owner's instructions. This duty of obedience is a fundamental aspect of the principal-agent relationship in property management, where the manager acts according to the directives of the property owner.
The duty of care involves acting with competence and diligence in managing the property, ensuring that decisions are made in the best interest of the owner. While the licensee may have concerns about the owner's instructions, the duty of care does not override the necessity to comply with the owner's wishes in this context.
The duty of loyalty requires the licensee to act in the best interest of the owner, avoiding conflicts of interest. However, the loyalty aspect does not compel the licensee to disregard the owner's specific instructions regarding marketing strategies. Instead, it emphasizes fidelity to the owner's interests within the scope of their directives.
The duty of fair dealing mandates that the licensee must engage in honest and equitable practices while managing the property. Although fair dealing is important in the relationship, it does not specifically address compliance with the owner's directives, which is the key issue in this scenario.
In this case, the licensee's compliance with the owner's request exemplifies the duty of obedience, which compels them to follow the owner's instructions, even if they personally disagree with the decision. This principle is central to the relationship between a property manager and an owner, ensuring that the manager acts according to the owner's preferences while fulfilling their role.
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