Archie has been hired as the procurement director of a building trade company. His job is to procure building materials for the company.
Which of the following statements is the most accurate in the circumstances described?
A) Archie will be in breach of contract if he receives an undisclosed commission from suppliers to the company, but there are no other consequences for him.
B) Archie will be personally liable to refund the company for any loss which it has suffered as a consequence of him receiving an undisclosed commission from suppliers to the company, but there are no other consequences for him.
C) Archie will be personally liable for account to the company for the amount of any undisclosed commission he may have received from suppliers to the company. He is also in breach of contract and may lose his job.
D) Archie will be in breach of contract if he receives undisclosed commission from suppliers to the company. He will also be a constructive trustee of any such commission he receives.
Correct Answer:
Verified
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