There are certain duties of agents such as execution of instructions, exercise of skill and care, act in good faith etc. Likewise principal also has certain duties such as payment of agent, indemnification of agent. Various case laws has been dealt to explain these matters .
Table of Contents
What is the duties of an agent?
There are certain duties of agents such as execution of instructions, exercise of skill and care, act in good faith etc. Likewise principal also has certain duties such as payment of agent, indemnification of agent. Various case laws has been dealt to explain these matters .
Is an employee an agent?
An employee is an agent for her employer to the extent that the employee is authorized to act for the employer and is partially entrusted with the employer’s business. In general, employee conduct that bears some relationship to the work will usually be considered within the scope of employment.
What is an authorized agent legally?
An authorized agent is someone who has the power to act on behalf of another person. Generally, authorized agents will act on behalf of a person claiming a copyright, an author, or someone that owns an exclusive right to something.
What is free consent with example?
In the Indian Contract Act, the definition of Consent is given in Section 13, which states that “it is when two or more persons agree upon the same thing and in the same sense”. So the two people must agree to something in the same sense as well. Let’s say for example A agrees to sell his car to B.
What is difference between void and voidable agreement?
Essentially, the difference between void and voidable contracts is enforceability: a void contract is illegal and unenforceable; a voidable contract is legal and enforceable. A contract that is void is unenforceable, meaning that neither party has legal recourse against the other for a breach.
What is an example of a voidable contract?
An example of a voidable contract is one involving a minor. Minors can enter into contracts, but they can also decide to breach the terms without legal repercussions.
Is a lawyer considered an agent?
A lawyer acts on behalf of the client, representing the client, with con- sequences that bind the client. Lawyers act as clients’ agents in trans- actional settings as well as in litigation. Lawyers are agents, but lawyers perform functions that distin- guish them from most other agents.
What are the types of free consent?
Elements of free consent
- Consent is considered to be free consent when the following factors are satisfied:
- It should be free from coercion.
- The contract should not be done under the pressure of undue influence.
- The contract should be done without fraud.
- The contract should not be made through misrepresentation.
What contracts can be enforced against a minor?
1) A contract with a minor is void and, hence, no obligations can ever arise on him thereunder. 2) The minor party cannot ratify the contract upon attaining majority unless a law specifically allows this. 3) No court can allow specific performance of a contract with minors because it is void altogether.
What are the three types of agent authority?
There are three types of authority: express, implied, and apparent. Only express and implied are actual authority, because the agent is truly authorized. In apparent authority, the agent seems to be authorized, but is actually not. The principal is still bound by the agent’s actions.
Can a minor be an agent?
Can a minor be an agent or principal? A minor can never be a principal because Section 183 of the Indian Contract Act for anybody to become a principal he should be of the age of majority and be of sound mind and since a minor is not competent to contract, he also cannot employ an agent.
Is an independent contractor an agent?
In fact, by definition, “… an independent contractor is an agent in the broad sense of the term in undertaking, at the request of another, to do something for the other.” Id. “As a general rule the line of demarcation between an independent contractor and a servant is not clearly drawn.” Flick v.
When can an agent be held personally liable?
An agent is not generally liable for contracts made; the principal is liable. But the agent will be liable if he is undisclosed or partially disclosed, if the agent lacks authority or exceeds it, or, of course, if the agent entered into the contract in a personal capacity.
Is a contract with a minor void?
Minors (those under the age of 18, in most states) lack the capacity to make a contract. So a minor who signs a contract can either honor the deal or void the contract. There are a few exceptions, however. For example, in most states, a minor cannot void a contract for necessities like food, clothing, and lodging.
Who can be an agent?
According to Section 183, any person who has attained the age of majority and has a sound mind can appoint an agent. In other words, any person capable of contracting can legally appoint an agent. Minors and persons of unsound mind cannot appoint an agent.
What are the duties and rights of an agent?
Rights and Duties of Agent (Agency: Indian Contract Act,1872)
- Agent’s duty in conducting principal’s business (Section 211) :
- Skill and diligence required from agent (Section 212) :
- Duty to render proper accounts (Section 213)
- Duty to communicate with principal (Section 214) :
- Not to deal on his own Account :
- Not to make Secret Profits.
What is an example of an agent?
An agent is defined as someone or something that makes something happen. A bee taking pollen from flower to flower is an example of the bee being an agent for pollination. One empowered to act for or represent another.
What makes an agreement void?
The contract can also be considered void if an unlawful object or consideration is involved in the agreement. This can include the promise of sex, an illicit substance, or anything else causing one or both parties to break the law.