FIDUCIARY DUTY

Parker, a sports agent, represented David Toms, a professional

golfer. Parker also represented Shaun Micheel

and other professional golfers. Parker received a 20 percent

commission on any endorsement contracts signed

by Toms and a 25 percent commission on endorsement

contracts signed by Micheel. In 2003, Parker was

in the middle of negotiations with Cleveland Golf on

Toms's behalf. After Micheel was the surprise winner

at the PGA Championship, Parker convinced Toms

that he should hold out for a more lucrative endorsement

deal than was being offered by Cleveland, and he

subsequently signed Micheel, instead of Toms, to the

Cleveland Golf deal.

CASE QUESTIONS

1. What agency relationship exists between Toms and

Parker?

2. If an agency relationship exists, when was a fiduciary

duty created and what subduties apply to this

case? Explain.

3. Is Parker's employer also liable for the actions of

Parker? Why or why not?