“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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