In a contract of agency, the principal appoints an associate agent to perform some specific task or business on his behalf. The principal is sure by the acts of his agent and is, therefore, liable for his acts to the third parties, allow us to currently perceive the Rights and Duties of Agents. An associate agent may be a person utilized to try and do any act for one more or to represent another in addressing third persons. The person, for whom such act is completed or thus depicted, is termed the “principal”. The contract between Principal and Agent is termed Contract of Agency as Rights and duties of the Agent area are unit reminiscent of the duties.
The agents are distinguished in respect of authority as general or special agents. the previous expression includes brokers, factors, partners, and every one person utilized in an exceedingly business of filling a foothold of a typically recognized character, the extent of authority being apparent from the character of employment or position; the latter denotes associate agent appointed for a selected occasion or purpose, restricted by the utilization, the agent has authority to try and do some explicit act for a few big day or purpose that isn't at intervals the standard course of his business or profession. This distinction is formed to see the authority of that agent.
Rights of Agents
1. Right to Remuneration
As per section 219, the associate agent incorporates a right to receive the in agreement remuneration or absence of agreement, an affordable remuneration for rendering the services to the principal that aren't voluntary or gratuitous. He becomes eligible to receive the remuneration as shortly as he completes the work that he undertook.
2. Lien on Goods
Some agents who have the possession of products, securities, or properties of their principal even have a lien on this merchandise, securities, or properties relating to their remuneration and conjointly for any expenses or liabilities that they once associate unpaid merchant, he incorporates a right to prevent the products in transit.
3. Right to be Indemnified
An agent represents his principal to third parties. As per sections 222 and 223, the associate agent incorporates a right to be indemnified by his principal for all charges, expenses, and liabilities that he incurs throughout the agency.
4. Right to Compensation
In line with section 225 of the aforementioned Act, the associate agent is entitled to say compensation for the injuries suffered as a consequence or wish of the ability of the principal. The principal should create compensation to his agent in respect of injury caused to such agent by the principal’s neglect or wish of ability.
Duties of Agents
A principal incorporates a right to sue his agent for damages just in case of breach of duty by the agent. The duties of agents are:
1. As per section 211, an associate agent shall act at intervals the scope of authority that his principal confers upon him. Also, he shall strictly follow the directions of his principal. However, within the absence of specific directions from his principal, he shall follow the custom prevailing at the place wherever he carries out his business, in an exceedingly similar form of business.
2. Section 212 states that he shall work with ability and diligence. Also, wherever the character of the agent’s profession needs him to possess a special ability, he shall exercise the ability that a member of that profession can exercise.
3. Associate agent shall disclose properly any material data to his information to the principal which will influence the creating of the contract.
4. As per section 213, an associate agent shall is beneath the duty to not disclose any guidance of his principal.
5. Section 215 states that the associate agent shall not vie together with his principal. In different words, his interest shall not conflict together with his duty.
6. The agent has to stay true and truthful accounts and prepare them on affordable notice to render them.
7. Associate agent shall not create any secret profit and shall disclose any additional profit he makes to the principal. Wherever the principal finds that the agent is creating secret profits, he could dismiss the agent rapidly, recover the quantity of profit, and conjointly refuse to pay him his remuneration. He may additionally repudiate a contract wherever a 3rd party is additionally concerned within the fraud and recover the damages.
8. He shall not appoint a sub-agent.
The Formation of the Agency Relationship
An agency relationship is created by the mutual, manifested agreement (often by a contract1) between 2 parties that establishes that one party shall perform one or additional acts on behalf of the opposite. The term "manifested" is employed as a result of associate objective take a look at is used to see the existence of a place of a working relationship. That is, if the behaviour of the parties and also the specific circumstances indicate that the parties have in agreement that one in all of them can act for the opposite, then the place of the working relationship is going to be found by the court. Consequently, it's immaterial whether or not the parties have expressly fashioned such a relationship, grasp that exists, or perhaps want that it exists. Further, the parties even could have explicit expressly that such a relationship doesn't exist.
However, once the court has established the existence of a place of the working relationship, agency law is introduced to see the rights and obligations of the parties. Some agency relationships arise as a result of different agreements, like associate contract and a partnership agreement, marriage, by itself, typically doesn't produce a place of the working relationship, though husband or partner will act because of the agent for the opposite. Not all duties, obligations, or actions may be delegated through an associate agency; as an example, the associate agent cannot substitute for a principal once ballot in an exceedingly public election, language a can, or creating an announcement beneath oath. As noted in Chapter thirteen (Contracts), a private services contract cannot be delegated once the performance by the first (contracting) communicator is crucial to the particular performance of the duty.
Exceptions to the Principle of Delegates Non-Potest Delegate
The higher than principle means a delegate cannot additional delegate. Therefore, an associate agent cannot appoint a sub-agent. However, the subsequent exceptions to the current principle:
1. Once the principal permits delegation.
2. Wherever it's the custom or usage of trade to delegate.
3. Once delegation is important for correct and economic performance.
4. Wherever it becomes essential because of some emergency
5. Once the principal is aware of that the agent intends to delegate.
6. Wherever the work is ministerial.