Contracts of Agency

LEGAL ENVIRONMENT OF BUSINESS IN

INDIA

BY
Kushal Dhoot
Dipali Dhane
Jui Parmar
Contracts of Agency
 Sec 182 of the Indian contract act,1872
defines Agent and Principal as:
 Agent means a person employed to do any
act for another or to represent another in
dealing with the third persons and
 The principal means a person for whom such
act is done or who is so represented.
Contracts of Agency
 An agent does not act on his own behalf
but acts on behalf of his principal. He
either represents his principal in
transactions with third parties or
performs an act for the principal. The
question as to whether a particular
persons is an agent can be verified by
finding out if his acts bind the principal
or not
Creation of agency

 Any person who is of the age of majority and is

of sound mind may employ an agent.
(section183)
 Between the principal and the third persons,
any person may become an agent. But no
person who is a minor and of unsound mind
can become an agent.(184)
 No consideration is necessary to create an
agency.(185)
 It is not essential that a contract of agency be
entered in to. It is sufficient if a person acts on
behalf of another and is accepted by the latter.
Creation of agency
 An agency can be created either in
writing or orally. An oral appointment
is a valid appointment even though
the contract of agency by which agent
is authorized has to be in writing.
 Creation of Agency
1. Express Agreement
2. Implied Agreement
Types of Implied Agency
 Agency by Estoppel or Holding out
 Agency by Necessity
 Agency in Emergency
 Agency by Ratification
Types of Mercantile Agents
 Factor
 Commission agent
 Del credere Agent
 Broker
 Auctioneer
RIGHTS AND DUTIES OF PARTIES
 Duties of Agent
 An agent is bound to conduct the business of his
principal according to the directions given, or in the
absence of directions, according to the custom.
 An agent is bound to conduct the business of the
agency with as much skill as is generally possessed by
persons engaged in similar business unless the
principal has notice of his want of skill.
 An agent is bound to render proper accounts to his
principal, and has duty, irrespective of any contract to
that effect, to produce vouchers by which items of
disbursement are supported as part of the obligation to
render proper accounts to the principal on demand.
(section213)
RIGHTS AND DUTIES OF PARTIES

 It is duty of an agent in cases of difficulty, to

use all reasonable diligence in communicating
with his principal and seeking to obtain his
instruction (section214)
 An agent should not set up an adverse title to
the goods which he receives from the principal
as an agent.
 An agent is duty bond to pay sums received to
the principal on his account.
RIGHTS AND DUTIES OF
PARTIES
 An agent must not use confidential information
entrusted to him by his principal for his own
benefit or against the principal.
 The agent must not make secret profit from the
extract agency. He must disclose any extra profit
that he may make.
 An agent must not allow his interest conflict with
his duty. For example, he must not compete with
his principal.
 An agent must not delegate his authority to a
sub-agent . This rule is based on the principle
Delegatus non protest delegare a delegate
cannot further delegate(section190).
RIGHTS OF AGENT
 The agent has a right to retain any sums
received on account of the principal in the
business of the agency, all moneys due to
himself in respect of his remuneration and
advances made or expenses properly incurred
by him in conducting such business.
 The agent has a right to receive remuneration.
 Right of lien: In the absence of any contract to
the contrary, an agent is entitled to retain
goods, papers and other property.
RIGHTS OF AGENT
 The employer of an agent is bound to indemnify him
against the consequences of all lawful acts done by
such agent in exercise of the authority conferred
upon him.
 Where he has bought goods for his principal by
incurring a personal liability, he has a right of
stoppage in transit against the principal, in respect
of the money which he has paid or is liable to pay.
 Where he is personally liable to the principal for the
price of the goods sold, he stands in the position of
an unpaid seller towards the buyer and can stop the
goods in transit on the insolvency of the buyer.
RIGHTS OF PRINCIPAL
 Right to repudiate the Transaction
 To claim any resulted benefit from
Agency
 Right to Recover Damages
 To Resist Agent’s claim for
Indemnity
DUTIES OF PRINCIPAL
 To indemnify against consequences of
all lawful acts of agent
 To indemnify the agent against
consequences of acts done in good
faith
 To pay compensation against agent’s
injury
 To pay the agent the commission or
other remuneration agreed.
TERMINATION OF AGENCY
 According to section 201, an agency is
terminated by:
 By an agreement between the parties, or
 By the principal revoking his authority; or
 By the agent renouncing the business of
agency; or
 By the business of agency being completed;
or
 By either the principal or the agent dying or
becoming of unsound mind; or
TERMINATION OF AGENCY
 By the principal being adjudicated
an insolvent under the provisions of
any Act for the time being in force
for relief of insolvent debtors.
AGENCY MAY BE TERMINATED
BY
 Agreement
 Revocation of authority by the
principal
 By operation of Law
By operation of Law

 On performance of the contract. Where an agent

is appointed to perform a specified transaction,
his authority comes to an end on the completion
of the said transaction.
 On expiry of time.
 When the agent or the principal dies or becomes
of unsound mind. The death of the agent
terminates his authority.
 The death of one of the joint agents will terminate
the agency only as far as he is concerned, while it
will continue to be valid as regards the other
surviving agents in the absence of contrary
intention.
BY OPERATION OF LAW
 On the insolvency of the principal
 On the destruction of the subject
matter.
 On the principal becoming an alien
enemy.
 On the dissolution of a company.
 On termination of sub-agent’s
authority.
 EXCEPTIONS

 Irrevocable Agency:- When an agency

cannot be put an end to, it is said to be
irrevocable agency. An agency is irrevocable
where the agent himself has an interest in
the property which forms the subject-matter
of the agency.
 Time when Termination takes Effect:-
The termination of the authority of an agent
does not, so far as regards the agent, take
effect before it becomes known to him. As
regards third persons, it terminates when it
comes to their notice.