Section 190 to 200

  Sub agent 

Section 190 .when agent cannot delegate 

When agent cannot delegate ---an agent cannot lawfully employ another to perform act which he has expressly or impliedly undertaken to perform personally unless by ordinary custom of trade a  sub agent may or from the nature of the agency a sub agent must be employed.

This principle depends on "delegatus non protest delegate".this principle had some following exception 

1.nature of work ---principal appoints an agent for litigation.agent can appoint an advocate for court proceedings.

2 . traditional customs ------an architect can appoint a surveyor . because this is customs of tradition.

3.clerical work ---when an agent require a clerk for work .he can appoint a clerk

4.consent of owner ---owner can give consent or ratify  appointment of an agent 

Section 191.sub agent defined -A sub agent is a person employed by and acting under the control of  the original agent in the business of the agency.

Section 192.Representation of Principal by sub agent properly appointed ----

Where a sub agent is properly appointed   ,the principal is so far as regards third person ,represented by the sub agent and is bound by and responsible for his acts as if he were an agent originally appointed by the principal.

Agent's responsibility for sub agent ---the agent is responsible to the principal for the acts of the sub agents 

Sub agent 's responsibility,---the sub agent is responsible for his acts to the agent but not to the principal except in case of fraud or wilful wrong 

Land mark case 

Kalico printers association verses Barklege bank 

Here and subagent did not insured goods of owner .all the goods had reduced to fire 🔥.owner can not make his subagent liable for this fault .

Land mark case no.2

Suman singh versus NCC Bank of newyark .

Plaintiff had given NC bank in foreign to give this money to resident of Jalandher .this bank had given instructions to the mumbai branch .this branch had given instructions to the Jalandher branch .but this branch had given  money to the wrong person .the punjab national Bank can not be held liable in this case 

Section 193 .agent 's responsibility for sub agent appointed without authority ----where an agent without having authority to do so ,has appointed a person to act as a sub agent the agent stands towards such person in the relation of a principal to an agent and is responsible for his acts both to the principal is not represented by or responsible for the acts of the person so employed nor is that person responsible to the principal.

Section 194 . relation between principal and person duly  appointed by agent to act in business of agency -----

Where an agent holding an express or implied authority to name another person to act for the principal in the business of the agency has named another person  accordingly such person is not a  sub agent but an agent of the Principal for such part of the business of the agency as is entrusted to him.

Illustrations 

A.A directs B his solicitor to sell his estate by auction and to employ an auctioneer for the purpose .B names C ,an auctioneer to conduct the sale ,C is not a sub agent but is A 's agent for the conduct of the sale 

B.A authorised B a merchant in Calcutta to recover the moneys due to A from C and company.B instructs D ,a solicitor to take legal proceedings against C and co.for the recovery of the money .D is not a sub agent but is solicitor for A .

Section 195 .Agent 's duty in naming such person ----

In selecting such agent for his principal an agent is bound to exercise the same amount of discretion as a man of ordinary prudence would exercise in his own case and if he does this he is not resy to the principal for the acts or negligence of the agent so selected .

Illustrations 

a .A instructs B a merchant to buy a ship for him.B employs a ship surveyor of good reputation to choose a ship for A .the surveyor make the choice negligently and the ships turns out to be unseaworthy and is lost .B is not buy the surveyor is ,responsible to A.

b.A consigns good to B ,a merchant for sale B in due course employs an auctioneer in good credit to sell the goods of A  and allows the auctioneer to receive the proceeds of the sale .the auctioneer afterwards be

       Ratification 

Section 196 .right of person as to acts done for him without his authority.effect of ratification ----where acts are done by one person on behalf of another but without his knowledge or Authority he may elect to ratify or to disown such acts .if he ratify them the same effect will follow as if they had been performed by his authority.

Section 197 . Ratification may be expressed or implied ----Ratification may be expressed or may be implied in the conduct of the  person on whose behalf the acts are done.

Illustrations 

a.A without authority buys goods for B .afterwards B sells them to c on his own account B s conduct implies a ratification of the purchase made for him by A 

b. A without B 's authority lends B 's money to C .afterwards B accepts interest on the money from C .B's conduct implies Ratification of the loan .

Section 198 . knowledge requisite for valid Ratification ---no valid Ratification can be made by a person whose knowledge of the facts of the case is materially defective .

Section 199 .effect of ratifying unauthorised act done on his behalf ratifies the whole of the transaction of which such act formed a part .

Section 200.Ratification of unauthorised act cannot injure third person ------an act done by one person or behalf of another without such other person's authority which if done with authority would have the effect of subjecting a third person to damage or of terminating any right or interest of a third person cannot by Ratification be made to have such effect .

Illustrations 

a.A not being authorised there to by B demands on behalf of B the deliyof a chattel the property of B from C who is in possession of it this demand cannot be ratified by B so as to make C liable for damages for his refusal to deliver 

b.A holds a lease from B .terminable on three months notice .C an unauthorised person gives notice of termination to A .the notice cannot be ratified by B so as to be binding on A.