Case Law Agency Agreements
Second, there are the risks associated with market-specific investments. These are investments which are specially necessary for the nature of the activity for which the agent has been appointed by the contracting authority, i.e. which are necessary to enable the agent to conclude and/or negotiate such a contract. These investments are usually sunk, which means that the investment cannot be used or sold for other activities after leaving that particular sector, except with a significant loss. Thirdly, there are risks associated with other activities carried out on the same product market, in so far as the contracting entity requires the agent to carry out such activities, not as an agent on behalf of the contracting entity, but at his own risk. . . .