1. Principal liability.  A principal who fails to comply with the provisions of section 1343 is liable to the sales representative in a civil action for exemplary damages in an amount that does not exceed 3 times the amount of commissions due the sales representative, plus reasonable attorney’s fees and costs.
[ 1991, c. 296, (NEW) .]

Terms Used In Maine Revised Statutes Title 10 Sec. 1344

  • Commissions: means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the amount of orders or sales. See Maine Revised Statutes Title 20-A Sec. 6103
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Principal: means a person, partnership, corporation or other business entity that does not have a permanent or fixed place of business in this State and that:
A. See Maine Revised Statutes Title 20-A Sec. 6103
  • Sales representative: means a person who:
  • 2. Frivolous action.  When the court determines that an action brought by a sales representative against a principal under this chapter is frivolous, the sales representative is liable to the principal for attorney’s fees actually and reasonably incurred by the principal in defending the action and court costs.
    [ 1991, c. 296, (NEW) .]

    3. Other remedies.  Nothing in this chapter invalidates or restricts any other right or remedy available to a sales representative, or precludes a sales representative from seeking to recover in one action on all claims against a principal.
    [ 1991, c. 296, (NEW) .]

    4. Jurisdiction.  A principal who is not a resident of this State that contracts with a sales representative to solicit orders in this State is declared to be transacting business in this State for purposes of the exercise of personal jurisdiction over nonresidents under Title 14, section 704-A.
    [ 2001, c. 667, Pt. A, §6 (AMD) .]

    SECTION HISTORY

    1991, c. 296, (NEW). 2001, c. 667, §A6 (AMD).