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Law of Agency.

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Presentation on theme: "Law of Agency."— Presentation transcript:

1 Law of Agency

2 Essentials of Agency 1. Agreement between principal and agent 2. Intention to act on behalf

3 Creation of Agency Agency by express agreement By implied agreement
By estoppel By holding out By necessity Entrusted with other’s property 3. By ratification Requisites of valid ratification

4 Creation of Agency Agent must be willing
Principal must be in existence Principal must have contractual capacity With full knowledge of facts Within reasonable time Must be lawful Must be for total transaction

5 Creation of Agency h. Must be communicated
Dates back to act of the agent 4. By operation of law – Partnership, Company

6 Classification of Agents
Special agent General agent Universal agent Banker Non-mercantile agents

7 Duties of Agent Work according to the directions of the principal
Reasonable care Render proper accounts to his principal Communicate to principal in case of difficulty Not to deal on his own account To pay sums received for the principal Preserve the interest of principal

8 Duties of Agent 8. Not to use information against the principal 9. Not to make secret profits 10. Not to set adverse title 11. Not to put himself in a position where interest and duty conflict 12. Not to delegate authority

9 Rights of Agent Right to retain Right to receive remuneration
Right of indemnification Right of compensation Right of stoppage of goods in transit

10 Rights of Principal To recover damages
To obtain an account of secret profits To resist claim

11 Duties of Principal To indemnify the agent
To indemnify for injury caused by principal neglect To pay remuneration

12 Termination of Agency By act of the parties Agreement
Revocation by the principal Revocation by the agent

13 Termination of Agency Contd
2. By Operation of law Performance of contract Expiry of time By death or insanity Insolvency Destruction of subject matter Becoming an alien enemy Dissolution of a company


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