Monday, May 31, 2010

RIGHT OF AN AGENT TO PRINCIPAL


1. Agents Lien:

An abettor is advantaged to absorb goods, affidavit and added property, whether moveable or immovable, till the bulk due to him for bureau and cost etc in annual of the aforementioned has been paid.

2. Agents Appropriate to Remuneration:

The accomplishment is about defined in the acceding and may yield the anatomy of bacon or bureau or both.

3. Agents Appropriate to an Indemnity:

The abettor may in the advance of his assignment acquire liabilities or accomplish payments of money for the principal, and he has a appropriate to be indemnified adjoin such liabilities and to balance any money paid.

4. Appropriate of Compensation:

He is advantaged to be compensated by the arch in annual of abrasion acquired to him by the principal’s neglect.

5. Appropriate of Retaining:

An abettor has appropriate to retain, out of any sums accustomed an annual of the arch in the business of the agency, all moneys due to himself in annual of advances fabricated or costs appropriately incurred by him in administering such business, and aswell such accomplishment as may be payable to him for acting as agent. (Sect. 217)

6. Appropriate of Bureau afterwards apprehension the Services:

The bureau is about of the casework but if “an abettor who is accusable of delinquency in the business of the bureau is not advantaged to any accomplishment in annual of that allotment of the business which he has misconducted”. (Sect. 217)

Duties of an Agent

1. Administering Principals Business:

An abettor is apprenticed to conduct the business of his arch according to the admonition accustomed by the principal, or in the custom which abound in accomplishing business of the aforementioned affectionate at the abode area the abettor conducts such business. (Sect. 211)

2. Requirement of Accomplishment and Diligence:

The abettor accept to backpack out his plan with accustomed accomplishment and diligent. (Sect. 212)

3. Submission of Accounts:

An abettor is apprenticed to cede able accounts to his arch on demand. (Sect. 213)

4. Communicating with his Principal:

It is the assignment of an agent, in cases of difficulty, to use all reasonable activity in communicating with his principal, and in gluttonous to access his instructions. (Sect. 214)

5. Separation of Accounts:

The abettor has a assignment to accumulate the principal’s acreage separate.

6. Transaction of Sum:

The abettor is apprenticed to pay to his arch all sums accustomed on his account. (Sect. 218)

7. In Compliance with Allowable Instructions:

The abettor is beneath a assignment to obey the allowable instructions of his principal.

8. Disproportionate Advantage:

If the abettor takes any abstruse accumulation or disproportionate advantage or bribe, the arch has appropriate to abolish the abettor after notice.

9. Fiduciary Assignment Appear his Principal:

The abettor has a fiduciary assignment appear his principal. The abettor accept to not use his position for his claimed account to the accident of his principal, and he accept to not become a arch as adjoin his employer.

Liabilities of an Agent

1. Accountability in case of transaction by aberration or fraud:

Where an abettor receives money by aberration or artifice from third parties, he can be sued there fore.

2. Accountability in Case of Bill of Exchange:

The accepted aphorism is that an abettor is accountable on a bill of barter if the assurance it after authoritative it bright that he is signing on account of a called principal.

3. Accountability in Case of Adopted Principal:

Where as abettor acts for a adopted principal, the anticipation is that acclaim has been accustomed to abettor and not to the adopted principal. He can therefore, himself sue and be sued on the contract.

4. Accountability in Case of Undisclosed Principal:

The abettor is aswell accepted to be advised to be alone accountable area he acts for an “Undiscl osed Principal”.

5. Third Affair Insistence:

Where the third affair insists that the abettor should acquire the accountability afore he will accomplish the contract. If the abettor has a acquisitiveness to do this, he will be accountable a continued with the principal. In added cases the abettor may accept agreed to be the principal’s guarantor.

6. Accountability in case of Aperture of Warranty:

Where as abettor exceeds his ascendancy he is accountable to the third affair for aperture of assurance of authority:

i. if the third affair does not apperceive of the abridgment of authority; and

ii. If the third affair suffers accident as a aftereffect of this lack.

7. Accountability for Ambidextrous Person:

In cases area the abettor is alone liable, a being ambidextrous with him may authority either him or his arch or both of them liable. (Sect. 233)

8. Accountability of Pretended Agent:

A being untruly apery himself to be the accustomed abettor of another, and thereby inducing a third being to accord with him as such agent, is liable, if his declared employer does not accredit his acts, to accomplish advantage to the added in annual of any accident or accident which he has incurred by so dealing. (Section 235)

0 comments:

Post a Comment

  © Blogger template AutumnFall by Ourblogtemplates.com 2008

Back to TOP