Page 61 - 01. Indian Contract Act, 1872
P. 61
Note: Agency coupled with interest (Sec. 202)
It occurs when the agent has an interest in the authority granted to him, or he has
an interest in the subject, matter with which he has to deal.
It cannot be terminated to the prejudice of interest in the absence of contract to the
contrary.
It applies on fulfillment of following conditions:
(i) agent's interest should exist at the time of agency's creation.
(ii) authority given to agent must be intended for protecting the agent's interest.
(iii) agent's interest must be substantial
(iv) agent's interest should be over and above his remuneration.
Termination of Agency:
Termination of Agency
By Act of Parties By operation of law
Agreement between principal and agent Performance of contract
Revocation of authority by principal Expiration of period
Revocation of authority by agent
Death/insanity of principal or agent
Insolvency of principal
Dissolution of company
Destruction of the subject-matter
When Termination of Agency Takes Effect
Sec. 208: As regards agent , when it becomes known to him.
As regard third parties, when it comes to their knowledge .
Sec: 210: Termination of, the agent's authority terminates the sub- agents authority.
Sec: 209: Agent has a duty to protect his principal's interest where the principal or
becomes of unsound mind.
Irrecoverable Agency.
Revocation of agency is not possible in following cases:
a) Sec. 202: where agency is coupled with interest.
b) Sec.204: where the authority has been partly exercised.
c) When the agency has incurred personal liability.
61