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Class(4).agency
- 1. Agent 1.1. Define agent: An ‘agent’ is a person employed to do any act for another; or Represent another in dealings with third persons. The person for whom such act is done or who is represented is called Principal. Sec.182 1.2. Who can appoint an agent? Any person can appoint an agent if he is of the age of majority; and he is of sound mind. Sec.183 1.3. Who can be an agent? Any person may become an agent. Even a minor or a person of unsound mind can become an agent. Sec.184 1.4. Discuss the types of agent. The general rule is that an agent cannot appoint an agent. But there are two exceptions to this rule. An agent appoint an agent (i) when it is permitted by the custom of the trade with which the agency is concerned; and (ii) when it is necessary because of the nature of the agency. On the basis of the aforesaid, agent can be divided into (i) Sub-agent; and (ii) Co-agent. 1.5. Right of Agents: 1. Right of Retainer: Agent has right to deduct the amount which is due to him by principal, from amount payable to principal. 2. Right of stoppage in transit: In case where agent is personally liable, he has right to stop the goods in transit. The good may be moving towards customer or principal. 3. Right to claim Remuneration: As per the terms of agency contract, agent has rights to claim remuneration. Agent Agent Sub agent: An agent appointed by an agent is called a sub-agent. Co-agent: A co-agent is a person appointed by the agent according to the express or implied authority of the principal, to act on behalf of the principal in the business of the agency.
- 2. 4. Right of Indemnity: Principle of indemnity gets operated between principal and agent where principal is implied indemnifier and agent is implied indemnity holder. So agent can make principal answerable for all types of sufferings. 5. Right of lien: Agent can exercise right of lien but contract act has not specified whether it is general lien or particular lien. Therefore the nature of agent’s lien depends upon mutual understanding. 1.6. Duties of an agent (Sec. 209 to 218) 1 1. Agent’s duty in conducting principals business: An agent is bound to conduct the business in accordance with the directions given by the principal. 2 2. Skill and diligence required from agent: An agent is bound to work with reasonable diligence, care and skill. 3 3. Agent’s duty to render accounts: An agent is bound to render proper accounts to the principal on demand. 4 4. Agent’s duty to communicate to principal: It is the duty of an agent to communicate with his principal in case of difficulty and seek his instructions. 5 5. Agent not to deal on his own account: An agent not to deal on his own account unless all the material facts have been disclosed to the principal and consent of the principal has been obtained. 6 6. Not to make any secret profit: The agent has a duty not to make any secret profit out of the agency business other than the agreed remuneration. 7 7. Agent’s duty to pay sums received for principal: The agent is bound to pay to his principal all the sums received in the principal’s accounts in accordance with the terms and conditions of contract of agency. 8 8. Principal’s death or insanity: To protect and preserve the interest on behalf of the principal’s representative in case of his death or insolvency of the principal. 10. Miscellaneous: The agent has other duties also. The agent must give all information to the principal. He must avoid the clash between his duty and self interest. 1.7. Discuss the different classes of agents.
- 3. The relationship between the principal and the agent and the extent of the authority of the later are matters to be determined by agreement of the parties. There are, however, certain well-known varieties of agency contracts where the power and duties of the agent are settled by usage and custom of trade recognized by the courts of law. Some of these particulars kinds of agency- contracts, together with their legal incidents are described below: 1. Broker: A broker is one who brings buyers and sellers into contract with one another. His duties are at an end when the parties are brought together. The contract of sale and purchase is entered into directly by the parties. The broker does not keep the goods or the property of the principal in his possession. 2. Factor: A factor is a mercantile agent with whom goods are kept for sale. He has got discretionary powers to enter into contracts of sale with third parties. He has a general lien on the goods for money due to him as agent. 3. A commission Agent: A commission agent is one who secures buyers for seller of goods and seller for a buyer of goods in return for a commission on the sale. A commission agent may have possession of the goods or not. 4. Auctioneer: An auctioneer is one who is authorized to sell goods of his principal by auction. He has a particular lien on the goods for his remuneration. He has right to keep the goods in his possession and can sue the buyer in his own name for the purchase price. 5. A Del Credere Agent: A Del Credere Agent is one who, for extra remuneration, guarantees the performance of the contract by the other party. If the other party fails to pay the price or otherwise cause damage to the principal, the del credere agent must pay compensation to the principal. 6. General Agent and Particular Agent: A General Agent is one who represents the principal in all matters concerning a particular business. A particular agent is one who appointed for a specific purpose, e.g. to sell a particular article.