Page 60 - 01. Indian Contract Act, 1872
P. 60

(f)  Sec.  225:  Right  to  be  compensated  for  any  injury  caused  due  to  principal's
                   negligence.

               Principle's liability for agent's act to Third Parties
               There are 3 circumstances in which an agent may contract namely -
                 (i)  The agent acts for named principal (disclosed principal)
                 (ii)  The agent acts for an undisclosed principal
                 (iii)  The agent acts for a concealed principal
                   a)  Sec.  226:  Acts  within  the  scope  of  actual  apparent  authority.,  it  bounds  the
                       principal.
                   b)  Sec. 227: Acts in excess of agent's authority is separable, it bounds the principal.
                   c)  Sec. 228: Acts in excess of agent's authority is not separable, principal is not bound by
                       it.

                   d)  Sec.238  :  Principal  is  bound  for  any  fraud  or  misrepresentation  committed  by
                       agent:
                         i.During the business hours
                        ii.Within his authority
                   e)  Unnamed principal, principal becomes liable on being discovered.

               Personal liability of the Agent
                (a)  It is also known as Doctrine of implied warranty of authority.
                (b)  It happens under following circumstances:
                     (1)  where the agent signs the negotiable instrument without indicating that he is
                         signing for the Principal.
                     (2)  where the contract expressly provides so.
                     (3)  where the agent works for foreign principal.
                     (4)  where the agent acts for a Principal who cannot be used.
                     (5)  where  a  Government  servant  enters  into  a  contract  on  behalf  of  Union  of
                         India.
                     (6)  where according to usage in trade in certain kinds of business agents are
                         personally liable.
                     (7)  where the agency is coupled with interest
                     (8)  If the agent is working for undisclosed principal .
                     (9)  If the amount is received or paid by agent under mistake or coercion.
















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