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Business Environment and Law-Performance And Discharge Of Contracts

Delegation Of Authority By Agent - Performance And Discharge Of Contracts

   Posted On :  07.05.2018 11:45 pm

“An agent cannot lawfully employ another to perform acts which he has expressly or impliedly undertaken to perform personally…” sub-agent may not enjoy the confidence of the principal [“A sub-agent is a person employed by, and acting under the control of, the original agent in the business of the agency”

Delegation Of Authority By Agent
 
 
“An agent cannot lawfully employ another to perform acts which he has expressly or impliedly undertaken to perform personally…” sub-agent may not enjoy the confidence of the principal [“A sub-agent is a person employed by, and acting under the control of, the original agent in the business of the agency” (Sec.191).

Exceptions: In the following circumstances delegation made by an agent to sub-agent would be proper: (1) Nature of agency: (2) Custom of Trade: Where it is a custom of trade that an agent appoints a sub-agent. (3) Ministerial Acts: Where the acts to be done are purely ministerial and do not involve the exercise of discretion, or personal or professional skill. (4) Express Delegation: Where the principal has expressly permitted delegation. (5) Implied Permission: Where the principal impliedly permits delegation i.e. From act or conduct it may be inferred that he has allowed delegation of authority. (6) In emergency: In case of emergencies an agent can always delegate the authority to a sub-agent.
Tags : Business Environment and Law-Performance And Discharge Of Contracts
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