Contract of Agency | What do you mean by contract of agency?| What are the main principles of agency?
What do you mean by contract of agency?
Contract of Agency is a contract that takes place between agent and principal, where the agent is to perform his/her task according to the instruction of the principal.
What are the main principles of agency?
Contracts of the agency are based on two important principles, namely:
- 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.
- He who does not act through a duly authorized agent does it by himself, i.e., the act of the agent is considered the acts of the principal.
What are the characteristics of agency?
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Representation
An agent always represents his/her principal in dealing with third parties. An agent is responsible to the principal of his work.The responsibility of the work is for agents only.
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Delegation of authority
In this, the principal delegates his/her authority to the agent to do the things on his/her behalf. In fact, contract of agency starts after principal appoints the agent along with a delegation of authority.
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Contractual capacity
Both principal and agent should be competent in the eye of law. They are incomplete when they have unsound mind, minor, or disqualified in the eye of law.
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Consideration is not compulsory
In this,the valid consideration is not compulsory. For example, the wife may take the role of his husband without consideration.
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Purpose
An agent may be appointed for any purposes the principal likes. For example buying and selling goods, deposit money in the bank, dealing with a customer. However to be valid purpose it should not be against the prevailing law.
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