“CONTRACT OF AGENCY”

A Project submitted in partial fulfilment of the course LAW OF

CONTRACTS-II, 3RD SEMESTER during the Academic Year 2020-2021

SUBMITTED BY:
Yug Nirman
Roll No. - 211987
B.A., LL.B.(Hons.)

SUBMITTED TO:
Dr. Vijay Kumar Vimal
FACULTY OF LAW OF CONTRACTS-II

OCTOBER, 2020
CHANAKYA NATIONAL LAW UNIVERSITY, NAYAYA NAGAR,
MEETHAPUR, PATNA-800001
 DECLARATION BY THE CANDIDATE

I hereby declare that the work reported in the B.A. ,LL.B. (Hons.) Project Report entitled “
CONTRACT OF AGENCY” submitted at Chanakya National Law University; Patna is an
authentic record of my work carried out under the supervision of Dr. Vijay Kumar Vimal. I
have not submitted this work elsewhere for any other degree or diploma. I am fully
responsible for the contents of my Project Report.

(Signature of the Candidate)

Yug Nirman
Chanakya National Law University, Patna
 ACKNOWLEDGEMENT

“IF YOU WANT TO WALK FAST GO ALONE

IF YOU WANT TO WALK FAR GO TOGETHER”
A project is a joint endeavour which is to be accomplished with utmost compassion, diligence
and with support of all. Gratitude is a noble response of one‟s soul to kindness or help
generously rendered by another and its acknowledgement is the duty and joyance. I am
overwhelmed in all humbleness and gratefulness to acknowledge from the bottom of my
heart to all those who have helped me to put these ideas, well above the level of simplicity
and into something concrete effectively and moreover on time.
This project would not have been completed without combined effort of my revered Law Of
Contracts Faculty Dr. Vijay Kumar Vimal whose support and guidance was the driving force
to successfully complete this project. I express my heartfelt gratitude to him. Thanks are also
due to my parents, family, siblings, my dear friends and all those who helped me in this
project in any way. Last but not the least; I would like to express my sincere gratitude to our
Faculty for providing us with such a golden opportunity to showcase our talents. Moreover,
thanks to all those who helped me in any way be it words, presence, encouragement or
blessings...

- Yug Nirman
- 3rd Semester
- B.A., LL.B.(Hons
 TABLE OF CONTENTS

Declaration…………………………………………………………………………………….i

Acknowledgement…………………………………………………………………………….ii

Table of Contents…………………………………………………………....……………….iii

Aims and Objectives……………………………………………………………………….…iv

Hypothesis.................................................................................................................................iv

Research Methodology......................................................................................................…...iv

1. Introduction

2. Principles of Contract Of Agency

3. Difference between an agent and a servant

4. Rights & Duties of the agency

5. Conclusion

Bibliography
 AIMS AND OBJECTIVES

The Aims and Objectives of this project are:

1. The researcher tends to analyze the rights of an agency.
2. The researcher tends to understand the differences between an agent and a servant .
3. The researcher tends to emphasize the duties of an agency.

RESEARCH METHODOLOGY

For this study, doctrinal research method was utilised. Various articles, e-articles, reports and
books from library were used extensively in framing all the data and figures in appropriate
form, essential for this study.
The method used in writing this research is primarily analytical.
 INTRODUCTION

Agency is a special type of contract. The concept of agency was developed as one cannot
possibly do every transaction himself. Hence, he should have opportunity or facility to
transact business through others like an agent. Principles of contract of agency- (a) Expecting
matters of a personal nature, what a person can do himself, he can also do it through agent
(e.g. a person cannot marry through an agent, as it is a matter of personal nature). (b) A
person acting through an agent is acting himself, i.e. act of agent is act of principal. Since
agency is a contract, all usual requirements of a valid contract are applicable to agency
contract also except to the extent excluded in the Act. One important distinction is that as per
Sec. 185, no consideration is necessary to create an agency.
Who may employee an agent- Any person who is of the age of majority according to the law
to which he is subject, and who is of sound mind, may employee an agent (Sec. 183). Thus
any person competent to contract can appoint an agent.
Who may be an agent- As between the principal and third person any person can become an
agent, but no person who is not of the age of majority and of sound mind can become an
agent, so as to be responsible to his principal according to the provisions in that behalf herein
contained (Sec. 184). The significance is that a principal can appoint a minor or person of
unsound mind as agent. In such case, the principal is responsible to third parties.

Definition
According to Sec 182 defines an „Agent‟ as “a person employed to do any act for another or
to represent another in dealings with third person”. The person for whom such act is done or
who is represented is called the principal. The relationship between the agent and the
principal is called “agency”.
 PRINCIPLES OF CONTRACT OF AGENCY

Principles of Agency

Contracts of agency are based on two important principles, namely:

a) Whatever a person can do personally shall also be allowed to be done through an

agent except in case of contracts involving personal services such as painting,
marriage, singing, etc.
b) He who does not act through a duly authorized agent does it by himself, i.e., the act of
the agent are considered the acts of the principal (Sec. 226).

The project discusses the characteristics and the role of an agency under the Indian Contract
Act, 1872. A section of the project also creates a distinction between agency and dealership,
as to how a dealer who may appear to be an agent is not actually an agent. It tries to discuss
the relationship between a principal, an agent, a sub-agent and a servant. It also differentiates
between the role and duties of an agent, a servant, sub-agent and a substituted agent. The
central idea behind the principal-agent relationship is that the principal is too busy to do
various jobs so he/she hires an agent to do the job on his or her behalf. The principal-agent
relationship is defined at a later stage in the paper.

In India, the agent and principle share a relationship that is contractual in nature, and
therefore it is governed by the terms and conditions of the contract between them. Chapter X
of the Indian Contract Act, 1872 provides the basic structure of rules and regulations that
basically govern the performance and formation of any type of contract including the agency
contract. In agency contracts, there exists a legal relationship between two people whereby
one person acts on behalf of the other. The person acting on behalf of the other is called
an agent, and the person from whom the agent derives authority to act is called the principal.
The law of agency is based on the Latin maxim “qui facit per alium, facit per se,” which
means, “he who acts through another is deemed in law to do it himself“[i]. Agent and
principal are defined under Section 182 of the Indian Contract Act, 1872. According to the
section “an agent is a person employed to do any act for another or to represent another in
dealings with third persons. The person for whom such act is done, or who is so represented,
is called the principal”.[ii] The competent agent is legally capable of acting for the principal
vis-à-vis the third party. Now who can become an agent? Section 184 answers this question.
According to this section any person can become an agent i.e. there is no need to have a
contractual capacity to become an agent. Therefore, a minor can also act as an agent. But the
minor will not be responsible to his principal.[iii] Different types of commercial agents have
been identified under Indian law like brokers, auctioneers, del credere agents, persons
entrusted with money for obtaining sales and insurance agents.
 DIFFERENCE BETWEEN AN AGENT AND A SERVANT

Scope of authority: An agent can create a contractual relationship between the principal and
third parties. But a servant cannot create contractual relationship between its employer and
third parties.
Remuneration: An agent receives commission for his services. A servant is generally paid
wages or salary.
On whose behalf: An agent may work for several principals at the same time. A servant can
serve only one master at a time.
Control: An agent is not subject to direct control and supervision of the principal. He is often
discretion. But a servant acts under the direct control and supervision of his master and must
follow all his reasonable order
1) Liability of principal: The principal is liable for all the wrongful acts of his agent
which are within the “scope of his authority.” But the master is bound by the wrongful
acts of his servant if done in the course of servant‟s employment.

Nature of Authority of Agent

According to Sec. 226, the contracts entered into through an agent, and obligation arising
from an act done by an agent, may be enforced in the same manner, and will have the same
legal consequences as if the contracts had been entered into and the acts done by the principal
in the person. In other words, the principal is liable for the acts of the agent in the same
manner as if he himself has done those acts.
The authority of the agent to bind the principal may be of the following types:
1) Actual or real authority: It is the authority conferred by the principal on the agent. It
may be expressed or implied (Sec. 186).
Example: A of London employed B of Mumbai to recover a debt due. B may adopt any legal
process that may be necessary for the purpose of recovering the debt and may give a valid
discharge for the same. (Illustration (a) Sec.188).
In terms of Sec. 188, an agent has the authority to do every lawful thing which is necessary to
do the act. He can do every lawful thing for the purpose.
2) Ostensible or apparent authority: It is the authority of an agent which appears to
others. When an agent is employed to do a particular business, those dealing with him
 can presume that he has the authority to all such acts as are necessary, or incidental to
such business. This authority may coincide with actual authority and may even exceed
it.
Example: The kerala high court has held in Valappad Cooperative Society Ltd. vs. Srinivasa
Iyer AIR 1964 Ker. 176, that a person authorized to carry on the business of a cooperative
society must be deemed to have the authority to purchase goods on credit not with standing
that the society had advanced high enough money for the purpose.
Section 237 incorporates the principle of the ostensible authority which covers cases where
agent has acted without authority of the principal.
3) Agent’s Authority in an emergency: According to Sec. 189, an agent has authority in
an emergency to do all such acts, for the purpose of protecting his principal from loss
as would be done by a person of ordinary prudence, in his own case ,under similar
circumstances.
Example: An agent for sale may have the goods repaired if it be necessary. (Illustration 9a)
to Sec. 189).

Essential features of agency

Agency has certain essential features. They are as follows:
1) Agency implies that one person (i.e. an agent) brings two other persons (i.e. a
principal and a third person) into contractual relationship.
That means an agent is a connecting link between the principal and the third person.
2) An agent is not a mere a connecting link between the principal and the third
party. He also creates a legal relationship between the principal and the third
party.
That is he makes the principal answerable to the third party for his acts and also entitles the
principal to all the benefits accruing from his acts.
3) An agency can be established to do any act which the principal could do lawfully.
That means an agency can be established only for lawful acts. If an agency is established for
an unlawful act it cannot be enforced by law.
4) Agency can be created only for those acts which can be delegated by a person to
another.
That means agency cannot be created for acts which must be done by a person himself and
cannot be delegated to an agent say painting, marrying, singing.
5) The agency relationship may be established by a contract between the principal
and the agent which may be written or oral, or may be established by
implications, as in the case of husband and wife, master and servant etc.

6) Though a valid contract requires that both the contracting parties must be
competent to contract, for a contract of agency, it is enough if only the principal
is competent to contract.
The agent need not be competent to contract. In other words an agent may be incompetent to
contract, say a minor, lunatic, idiot etc.
7) There should be the intention on the part of the agent to act on behalf of the
principal.
As such, if a person intends to act on behalf of another an agency arises even if the contract
between the parties provides that there is no such relationship. On the other hand if a person
intends to act on his own behalf and not on behalf of another there cannot arise any agency,
even if the person contends that he is an agent

8) No consideration is necessary to create an agency.

The fact that the principal has agreed to be represented by the agent is a sufficient detriment
to the principal to support the contract the contract of agency. Though no consideration is
necessary to support a contract of agency, an agent may be paid for. That means an agent
may be paid for his services.
9) An agent is appointed with specific instructions and is authorized to act within
the scope of the instructions (i.e. the authority).
As such the agents within the scope of his authority are regarded as the acts of the principal
and such acts bind the principal as if the principal has done them himself.
 RIGHTS & DUTIES OF THE AGENCY

Rights of Agent

An agent has the following rights against the principal:

1. Right to receive remuneration (Sees. 219 and 220):

The agent is entitled to receive his agreed remuneration, or if nothing is agreed, to a

reasonable remuneration, unless he agrees to act gratuitously. In the absence of any special
contract, the right to claim remuneration arises only when the agent has done what he had
undertaken to do. It is important that the agent can claim remuneration once he has completed
his work even though the contract is never executed on account of breach either by the
principal or the third party. For example, where an agent is appointed to secure order-s for the
manufacturer, he can claim commission on orders actually obtained by him although the
manufacturer is unable to execute them owing to a strike by the workmen.

Effect of misconduct:

An agent who is guilty of misconduct in the business of the agency is not entitled to any
remuneration in respect of that part of the business which he has misconduct. In addition, he
is liable to compensate the principal for any loss caused by the misconduct.

ILLUSTRATIONS (appended to Sec. 220):

(a) A employs B to recover 1, 00,000 rupees from C, and to lay it out on good security. B
recovers the 1,00,000 rupees and lays out 90,000 rupees on good security, but lays out 10,000
rupees on security which he ought to have known to be bad, whereby A loses 2,000 rupees. B
is entitled to remuneration for recovering the 1, 00,000 rupees and for investing the 90,000
rupees, He is not entitled to any remuneration for investing the 10,000 rupees and he must
make' good the loss of 2,000 rupees' to A.

(b) A employs B to recover Rs 1,000 from C. Through B's misconduct the' money is not
recovered (the debt might have become time-barred because of B's negligence or leniency). B
is entitled to no remuneration for his services and must make good the loss to A. .
2. Right of retainer (Sec. 217):

An agent has the right to retain, out of any sums received on account of the principal, all
moneys due to himself in respect of his remuneration, or advances made or expenses properly
incurred by him in conducting the business of agency.

3. Right of lien (Sec. 221):

An agent has the right to retain goods, papers and other property, whether movable or
immovable, of the principal received by him, until the amount due to himself for commission,
disbursements and services in respect of the same has been paid or accounted for to him. This
right is, however, subject to a contract to the contrary. Again, this lien of the agent is a
"particular lien" But by a special contract an agent may have a general lien also. It may be
recalled that by virtue of Section 171 factors, bankers, attorneys of High Court and policy
brokers have a "general lien," in the absence of a contract to the contrary.

It is to be noted that this right of lien of the agent is subject to all rights and equities of third
parties against the principal, that is, if the agent has sold the goods, he will have to give
delivery to the buyer (London and Joint Stock Bank vs. Simmons).

4. Right to be indemnified against consequences of lawful acts. (Sec.222):

An agent has also the right to be indemnified against the consequences of all lawful acts done
by him in exercise of the authority conferred upon him.

ILLUSTRA TIONS (appended to Sec. 222):

(a) B, at Singapore, under instructions from A of Calcutta, contracts with C to deliver certain
goods to him. A does not send the goods to B and C sues B for breach of contract. B informs
A of the suit, and A authorizes him to defend the suit. B defends the suit and is compelled to
pay damages and costs, and incurs expenses. A is liable to B for such damages, costs and
expenses.

(b) B, a broker at Calcutta, by the orders of A, merchant there, contracts with C for the
purchase of 10 casks of oil for A. Afterwards A refuses to receive the oil, and C sues B. B
informs A, who repudiates the contract altogether. B defends, but unsuccessfully, and has to
pay damages and costs and incurs expenses. A is liable to B for such damages, costs and
expenses. It may be noted that the agent cannot claim indemnity. in respect of acts which are
apparently unlawful or criminal (Sec. 224). .

ILLUSTRATIONS (appended to Sec. 224):

(a) A employs B to beat C and agrees to indemnify him against all consequences of the act. B
thereupon beats C and has to pay damages to C for so doing. A is not liable to indemnify B for
those damages.

(b) B, the proprietor of a newspaper, publishes, at A's request, a libel upon C in the paper and
A agrees to indemnify B against the consequences of the publication and all costs and
damages of any action in respect thereof. B is sued by C and has to pay damages and also
incurs expenses. A is not liable to B upon the indemnity.

5. Right to be indemnified against consequences of acts done in good faith (Sec. 223):

An agent has a right to be indemnified against the consequences of an act done in good faith
though it turns out to be injurious to the rights of third persons.

ILLUSTRATIONS (appended to Sec. 223):

(a) A, a decree holder and entitled to execution of B's goods, requires the officer of the Court
to seize certain goods, representing them to be the goods of B. The officer seizes the goods,
and is sued bye, the true owner of the goods. A is liable' to indemnify the officer for the sum
which he is compelled to pay to C in consequence of obeying A's directions.

(b) B, at the request of A, sells goods on the possession of A, but which A had no right to
dispose of. B does not know this and hands over the proceeds of the sale to A. Afterwards C,
the true owner of the goods, sues B and recovers the value of the goods and costs. A is liable
to indemnify B for what he has been compelled to pay to e and for B's own expenses.

6. Right to compensation. (Sec.225):

The agent has a right to be compensated for injuries .sustained by him due to the principal's
neglect or want of skill. .
ILLUSTRATION (appended to Sec. 225):

A employs B as a bricklayer in building a house, and puts up the scaffolding himself. The
scaffolding is unskillfully put up and B is in consequence hurt. A must make compensation to
B.

7. Right of stoppage of goods in transit:

An agent has a right to stop the goods in transit to the principal (just like an unpaid seller), if

He has bought goods either with his own money or by incurring a personal liability for the
price and the principal has become insolvent.

Duties of Agent

An agent has the following duties towards the principal:

1. Duty to follow principal's directions or customs (Sec. 211):

The first duty of every agent is to act within the scope of the authority conferred upon him
and perform the agency work according to the directions given by the principal. When
the\agent acts otherwise, if any loss be sustained, he must make it good to the principal, and if
any profit accrues, he must account for it.

ILLUSTRATIONS:

(a) Where the principal instructed the agent to warehouse the goods at a particular place and
the agent warehoused them at a different warehouse which was equally safe, and the goods
were destroyed by fire without negligence, it was held that the agent was liable for the loss
because any departure from the instructions makes the agent absolutely, liable (Lilley vs.
Doubleday).

(b) An agent being instructed to insure goods neglects to do so. He is liable to compensate the
principal in the event of their being lost (Pannatal Jankidas vs. Mohanlal).

If the principal has not given any express or implied directions, then it is the duty of the agent
to follow the custom prevailing in the same kind of business at the place where the agent
conducts business. If the agent makes any departure, he does so at his own risk. He must
make good any loss so sustained by the principal.

ILLUSTRATIONS: (appended to Sec. 21 I):

(a) A, an agent, engaged in carrying on for B a business, in which it is the custom to invest
from time to time at interest, the moneys which may be in hand, omits to make such
investments. A must make good to B the interest usually obtained by such investments.

(b) B, a broker, in whose business it is not the custom to sell on credit, sells goods of A on
credit to C, whose credit at the time was very high. C, before payment, becomes insolvent. B
must make good the loss to A, irrespective of his good intentions.

2. Duty to carry out the work with reasonable skill and diligence (Sec. 212):

The agent must conduct the business of the agency with as much skill as is generally
possessed by persons engaged in similar business, unless the principal has notice of his want
of skill. Further, the agent must act with reasonable diligence and to the best of his skill.

If the agent does not work with reasonable care, skill (unless the principal has notice of his
want of skill) and diligence, he must make compensation to his principal in respect of 'direct
consequences' of his own neglect, want of skill or misconduct. But he is not so liable for
indirect or remote losses.

ILLUSTRATIONS (appended to Sec. 212):

(a) A, a merchant in Calcutta, has an agent B, in London, to whom a sum of money is paid on
A's account, with orders to remit. B retains the money for a considerable time. A, in
consequence of not receiving the money, becomes insolvent. B is liable for the money and
interest from the day on which it ought to have been paid, according to the usual rate, and for
any further direct loss such as loss by variation of rate of exchange, but nothing further.

(b) A, an agent for the sale of goods, having authority to sell goods on credit, sells to B on
credit, without making the proper and usual enquiries as to the solvency of B. B, at the time
of such sale, is insolvent. A must make compensation to his principal in respect of any loss
thereby sustained.
(c) A, an insurance broker, employed by B to' effect an insurance on a ship, omits to see that
the usual clauses are inserted in the policy. The ship is afterwards lost. In consequence of the
omission of the clauses nothing can be recovered from the underwriters. A is bound to make
good the loss to B.

(d) A, a merchant in England, directs B, his agent at Bombay, who accepts the agency, to
send him 100 bales of cotton by a certain ship. B. having it in his power to send the cotton
omits to do so. The ship arrives safely in England. Soon after her arrival the price of cotton
rises. B is bound to make good to A the profit which he might have made by the 100 bales of
cotton at the time the ship arrived, but not any profit he might have made by the subsequent
rise.

3. Duty to render accounts (Sec. 213).

It is the duty of an agent to keep proper accounts of his principal's money or property and
render them to him on demand, or periodically if so provided in the agreement.

4. Duty to communicate (Sec. 214):

It is the duty of an agent, in cases of difficulty, to use all reasonable diligence in

communicating with his principal, and in seeking to obtain his instructions, before taking any
steps in facing the difficulty or emergency.

5. Duty not to deal on his own account (Sees. 215 and 216):

An agent must not deal on his own account in the business of agency; i.e., he must not
himself buy from or sell to his principal goods he is asked to sell or buy on behalf of his
principal; without obtaining the consent of his principal after disclosing all material facts to
him. If the agent violates this rule, the principal may repudiate the transaction where it can be
shown that any material fact has been knowingly concealed by the agent, or that the dealings
of the agent have been disadvantageous to the principal. The principal is also entitled to claim
from the agent any benefit which may have resu1ted to him from the transaction. '
ILLUSTRATIONS:

(a) A, directs B to sell A's estate. B buys the estate for himself in the name of C. A, on
discovering that B has bought the estate for himself, may repudiate the sale, if he can show
,that B has dishonestly concealed any material fact or that the sale has been disadvantageous
to him. [Illustration (a) appended to Section 215]

(b) A directs B to sell A's estate. B, on looking over the estate before selling it, finds a mine
on the estate which is unknown to A. B informs A that he wishes to buy the estate for himself
but conceals the discovery of the mine. A allows B to buy, in ignorance of the existence of the
mine. A, on discovering that B knew of the mine at the time he bought the estate, may either
repudiate or adopt the sale at his option. [Illustration (b) appended to Section 215]

(c) A directs, B, his agent, to buy a certain house for him. B tells A that it cannot be bought
and buys the house for himself. A may, on discovering that B has bought the house, compel
him to sell it to A at the price he gave for it. [Illustration appended to section 216]

6. Duty not to make any profit out of his agency except his remuneration (Sees. 217 and
218):

An agent stands in a fiduciary relation to his principal and therefore he must not make any
profit (secret profit) out of his agency. He must pay to his principal all moneys (including
illegal gratification, if any) received by him on principal's account. He can, however, deduct
all moneys due to himself in respect of his remuneration or/and expenses properly incurred. If
his acts are not bonafide, he will lose his remuneration and will have to account for the secret
profit to his principal.

7. Duty on termination of agency by principal's death or insanity (Sec. 209):

When an agency is terminated by the principal dying or becoming of unsound mind, the agent
must take, on behalf of the representatives of his late principal, all reasonable steps for the
protection and preservation of the interests entrusted to him. .
8. Duty not to delegate authority (Sec. J 90):

Subject to six exceptions stated earlier (under the heading Delegation of Authority), an agent
must not further delegate his authority to another person, but perform the work of agency
himself.
 CONCLUSION

“Agency is a relationship which exists where one person (the principal) authorizes another
(the agent) to act on his behalf, and the agent agrees to do so.”

While the contract of agency has been very diligently explained under chapter 10 (section
182-238) of the Indian Contract act, 1872 and by the Hon‟ble courts of justice, time and
again; A contract of agency, in its essence, is nothing but a fiduciary relationship between
two parties where one party (the principal) contracts-with and authorizes (implicitly or
explicitly) another person (the agent) to act on his behalf and provides him with the capacity
to create legal relationships between the principal and third parties.

The terms Principal and agent have been defined under Sec. 182 of the Indian Contract Act,
1872. The act defines an agent as an individual who has been employed by another to act/deal
on behalf of him and the person who employs the agent, i.e., the person whom the agent
represents is called the principal.

An agent in its essence is an individual who, acting at his discretion and judgment, has the
ability to make the principal directly liable to third parties, i.e., enable the principal to sue or
be sued by any third party directly.

The agent may or may not always be directly employed by the principal himself, i.e., the
relationship between the principal and the agent may not always arise out of a contractual
relationship, there might be different situations that give rise to the contract of agency,
situations like a necessity, through an obligation attributed upon a person by law or
otherwise.

But inconsiderate of how the principal-agent relation is formed, it can not be formed without
the essential element of consent. Here the consent given need not be explicit, it may not even
in all cases be given explicitly for forming the contractual principal-agent relationship. The
court of law presumes the consent for the formation of a contractual relationship if they have
consented to a situation that would have in any way established the contractual principal-
agent relationship; even if the „principal‟ and the „agent‟ stay adamant on not accepting the
association.
The Special Contract of Agency has been defined under Chapter 10 (section 182-238) of the
Indian Contract Act, 1872; where beyond the general essentials (section 10) provided for a
contract, the Act also lays down certain specific principles and essentials for the Special
Contract of Agency.
As has been very clearly established by now, any person who shall represent any other
person, in his authority, with the capacity to bind that person into a binding legal relationship,
is entitled to be called an agent, with the person who he represents regarded as the principal.

Defined and controlled by the Indian Contract Act, 1872, the contract of agency is, if not
wholly but majorly regulated by the guidelines provided under chapter 10 of the Act. With a
few additions here and there, according to the requirements of the situation.

While having its knickknacks, the Contract act covers the contract of agency, sufficiently
enough to declare the rights and duties of the parties of the contract; but still leaves the task
of distinguishing between different kinds of agencies to the agencies of law and the general
public.
 BIBLIOGRAPHY

PRIMARY SOURCES

1) Kapoor N. D, “Elements of Merchentile Law”

2) Bansal C. L, “Business and Corporate Laws”, Excel Books Publishers, 2006.

3) Anson‟s Law of Contract, 30th edn, p.715 .

4) Shephard v Cartwright, [1953] 728, 755.

5)Registration Act, 1908; s. 32.

6) The Companies Act, 1956; s.176(5). S.105 Companies Act, 2013

7) The Companies Act, 1956; s.48. Companies Act, 2013 S.22

8) Principal and Agent. Existence of Agency. Eagle Iron Co. v. Baugh, 41 South. Rep. 663.
(Ala.). (1907). The Yale Law Journal, 16(4), 290-291. doi:10.2307/785116

9) State of Bihar v Dukhulal Das, AIR 1962 Pat 140.

10) Deal, E. (1947). Principal and Agent: Compensation of Unfaithful Agent. Michigan Law
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