In general, without the express/implied authorization of its principal agent, an agent may not transfer to another the obligations it has undertaken to fulfil.[21] Once the sub-agent is appointed, the agent is accountable to the client for the actions of the sub-agents. The term “sub-agent” is defined as a person employed by the original agent in the activities of the Agency and acting under its control[22]. Due to the nature of the Contracts Act, the sub-agent does not establish any confidentiality of the contract between the sub-agent and the client. It does not convert the sub-agent into a substitute agent of the principal.[23] Therefore, it is Ian`s duty to run the art gallery carefully and in good faith according to Sarah`s instructions and for Sarah`s benefit, without making unnecessary mistakes in order to avoid violating the faithful duty. Second, each agent owes the client the duty of due diligence if the agent is required to take reasonable steps to protect the client`s assets and interests. Otherwise, the contractor`s duty of care will be breached. For example, in Keppel/Wheeler, for example, it was found that the agent was required to pay the price difference of two bids because he ignored the second bid, which provided for a higher price. Therefore, in Sarah`s case, Ian is responsible for taking care of Sarah`s fortune, including all artwork in the art gallery, while dealing with third parties. In addition, the Agents also owe the Client the duty of obedience, which requires the Agents to follow all legal and reasonable instructions of the Client in their dealings with third parties of the Company. Agents are liable for damages resulting from non-compliance with the client`s instructions in achieving the agency`s purpose. Related cases, including Turpin v. Bilton, where the officer was liable for the damage because he had not insured the ship during the loss of the vessel.
170. A representative may withhold from the sums collected for the contracting entity in the course of the commercial activities of the agency all the funds to which he is entitled for the advances or expenses duly paid to him in the course of carrying out those operations, as well as the remuneration that will be paid to him for his activity as a representative. 155. If the intermediary himself has an interest in the assets which are the subject of the Agency, the Agency may not be terminated to the detriment of that interest in the absence of an express contract. Apart from this, it can be concluded that an agency relationship exists, taking into account the circumstances that accompany it. This agency occurs when a person has acted by allowing the officer to impersonate the authorized identity to induce another person to believe that he or she has authorized a third person to act on his or her behalf and that another person in that belief is dealing with third parties within the scope of his or her presumed powers. The burden lies with the person dealing with the officer to establish real and supposed authority, and the behaviour that amounts to persevering must be proven affirmatively [9]. 138. No consideration is required for the creation of a body.
The power of attorney of the agent may be express or implied general agent EnvironmentTerminologyA marketing agency for goods or services is established when a person, hereinafter referred to as the agent, is appointed and authorized by another person, hereinafter referred to as the principal, to carry out certain contractual transactions related to the marketing of the goods or services of the principal for and on behalf of the principal. and complete. This agency relationship is generally governed by the Contracts Act 1950. However, the Contracts Act 1950 does not cover certain specific aspects of the Agency`s legislation. In such cases, English customary law may be applied in respect of agents and principals under sections 5(1) and (2) of the Civil Law Act 1956.1 Under that Act, an agent is defined as a person employed to perform an act on behalf of another person or to represent another person vis-à-vis third parties. The person for whom such an act is performed or represented is called the principal.2 For the purposes of the law applicable to the sale of goods, the term “commercial agent” is also defined. Under the Sale of Goods Act 1957, a commercial agent is a person who, in the ordinary course of business, is authorized to sell goods, ship goods for the purpose of selling them, buy goods or collect funds for the security of the goods.3Although the terms agent and principal have legal meanings, whether an agency legally exists depends on: the exact nature of the relationship, not the terminology used to describe the parties or the relationship.4 All the facts and circumstances of the individual case are relevant in this regard.5 In a commercial sense, terms such as agent, agent, concessionaire and distributor (generally referred to as “authorized”) and principal (c) A, an insurance broker, who is mandated by B to take out insurance on a ship, omits the usual clauses to be included in the Directive. The ship is then lost. Due to the omission of the clauses, nothing can be claimed from the insurers. A is obliged to compensate for the loss for B.
d) A, a merchant in England, orders B, his agent in Kelang, who accepts the agency, to send him 100 bales of cotton from a particular ship. B, who has the power to send the cotton, refrains from doing so. The ship arrives safely in England. Shortly after their arrival, the price of cotton increases. B is required to compensate A for the profit he could have made from the 100 bales of cotton at the time of the ship`s arrival, but no profit he could have made from the subsequent increase ….
