Contract 182 to 190

  Section 182."Agent" and "Principal" defined --an agent is 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 so represented is called the principal .

National textile corporation ltd. Versus Naresh kumar badi kumar jangand 

National clothes corporation versus Naresh kumar 

National cloths corporation is not assumed agent of central government because it is not agent of central government because it is not government nor government department.

Land mark case 

Unit trust of India versus Ravindra Kumar Shukla 

A cheque was sent by unit trust of India through post office .but cheque was not got .here post office is not responsible but UTI is responsible because post office is doing as agent of UTI .

Section 183. Who may employ 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 employ agent 

Landmark decision 

Sheferad versus cotterright 

A minor cannot appoint any agent for him.if he appoints any agent.this appointment is void and all the work is done by agent those work are void .those appointment cannot be rarified .

Section 184.who may be an agent ----

As between the principal and third persons any person may 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 at here in contained .

Section. 185 ----consideration not necessary ----no consideration is necessary to create an agency.

Agent takes his brokership so there is no need any consideration in this contract .there is difference between a servent and an agent  by honourable supreme google  in following case 

Laxminarayan Ramgopal and sons versus hyderabad Government.

Important point ---to construct an agency there is no requirement of consideration only fiduciary relation is sufficient some time it is not necessary.

Section 186 .agent 's authority may be expressed or implied -----the authority of an agent may be expressed or implied 

Section 187.Defination of express and implied authority ----an authority is said to be express when it is given by words spoken or written.an authority is said to be implied when it is to be inferred from the circumstances of the case and things spoken or written or the ordinary course of dealing may be accounted circumstances of the case.

Illustrations 

A owns a shop in serampur living himself in Calcutta and visiting the shop occasionally.the shop is managed by B and he is in the habit of ordering goods from C in the name of A for the purposes of the shop and of paying for them out of A 's funds with A 's knowledge.B has an implied authority from A to order goods from C in the name of A for the purpose of the shop.

Section 188 .Extent of agent 's authority ------an agent having an authority to do an act has authority to do every lawful thing which is necessary in order to do such act .

An agent having an authority to carry on a business has authority to carry on a business has authority to do every lawful thing necessary for the purpose of usually done in the course of conducting such business.

Illustrations 

A.A is employed by B residing in Londan to recover at Bombay a debt due to B .A may adopt any legal process necessary for the purpose of recovering the debt and may give a valid dischrage for the same.

B.A constitutes B his agent to carry on his business of a ship builder .B may purchase timber and other materials and hire workmen for the purpose of carrying on the business.

Section 189 .Agent's authority in an emergency ---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 or ordinary prudence in his own case under similar  circumstances.

Illustrations 

A.an agent for sale may have goods repaired if it be necessary 

b.A consignee provisions to B at Calcutta with direction to send them immediately to C ,at Cuttack.B may sell the provision at Calcutta if they will not bear the journey to Cuttack without spoiling 

Establishment of agency 

1.by express agency 

2.by  implied agency 

Landmark case 

Smith versus mass

Here son used to drive his mother 's car .mother used to give expenditure for this car for repairing and petrol.the boy met with an accident.his wife injured in this accident .the boy was agent of  his mother .so mother was held liable under contract of agency 

Landmark case no.2

Dabonhaam versus melon 🍈 

In this case both husband and wife used to work in a hotel 🏨.they used to arrange for hotel 🏨 .they used to live in same hotel .the wife had purchased some clothes on credit .when shopkeeper had filed a case for money the he had not been held liable . because both were not living in any home .so wife was not agent of husband in this case.

3.agency of necessity 

Whenever agent has to do that work as owner due to any extreme necessary condition . such contract is known as agency of necessity.

Land mark case 

Sims and company versus  midland railway company 

Here some makhan had been given to respondent railway company to transport it to somewhere.the makhan was about to be destroyed due to strike of employees .so railway company had sold this makhan .this selling was bounded on the owner 

Landmark case 2

Manro versus willmot 

Here a lady had left his car in respondent 's courtyard  for some days .but the car had left there for many years. Respondent had converted this place into garage .so respondent had sold this car .here respondent had no right to sell this car because there was no nearest danger .