A substituted agent is
appointed when the original agent has the express or the implied authority from the principal to appoint such a person
. ... The principal can hold the original agent liable for any acts done by the substituted agent only if the original agent has negligently chosen such person.
What is legal status of substituted agent?
Answer: D. Explanation: Sub-agent is apointed by the main agent that is why, sub agent is liable to the main agent. but
substitute agent is suggested by the main agent
, however, hired by the principal that is why, he is liable to principal directly.
What are the duties of sub-agent?
A substituted agent is only named by the agent but is under the control of the principal. A substituted
agent acts independently for his principal
. A sub-agent cannot be held liable by the principal, except in case of fraud. A substituted agent can be held liable by his principal.
What is sub-agent in contract?
A “sub-agent” is
a person employed by, and acting under the control of
, the original agent in the business of the agency.
Who is responsible for the act of substitute agent?
(iii)
The original agent is responsible
for the act of the sub agent both to the principal and to third person. Sub-Agent has been defined u/s 191 where as substituted agent has been defined u/s S.
What is the difference between an agent and a sub agent?
Control: A sub-agent is the agent of the original agent as he works under the control of the agent whereas, a
substituted agent is the agent of the principal
because he works under the control of the principal.
Who is a universal agent?
universal agent –
someone authorized to transact every kind of business for
the principal. general agent. agent – a representative who acts on behalf of other persons or organizations.
Who is pretended agent?
A
person untruly representing himself
to be the authorized agent of another, and thereby including a third person to deal with him as such agent, is liable, if his alleged employer does not ratify his acts, to make compensation to the other in respect of any loss or damage which he has incurred by so dealing.
What is the difference between Novation and alteration?
Novation is a situation in which a fresh contract is substituted for an old contract, between the same or different parties, whereas alteration is
when there is a change in the terms and conditions of the contract
.
Can an agent delegate his powers?
Ordinarily,
an agent cannot delegate the duty he is supposed to perform himself
to another person (delegatus non potest delegare- discussed below), except in particular circumstances where he must, out of necessity, do so.
Who can be an agent?
According to Section 183,
any person who has attained the age of majority and has a sound mind
can appoint an agent. In other words, any person capable of contracting can legally appoint an agent. Minors and persons of unsound mind cannot appoint an agent.
Who is not eligible for contract?
Minor
is not eligible to enter into a contract. Minors are individuals who are under the age of 18. Minors are not considered to have legal capacity, meaning they do not have the ability to make contracts with other people. If a minor signs a contract, they have the ability to void the deal with certain exceptions.
What are the rights of an agent?
Rights of an agent
Right to remuneration
– an agent is entitled to get an agreed remuneration as per the contract. ... Right of lien– an agent has the right to hold back or retain goods or other property of the principal received by him, till the time his dues or other payments are made.
What creates a contract?
A contract is a legally enforceable agreement between two or more parties that
creates an obligation to do or not do particular things
. The term “party” can mean an individual person, company, or other legal entity.
What is sub agency compensation?
Sub agency compensation is
for a Real Estate licensee
, who is not affiliated with or acting as the listing real estate broker for a property, but is engaged to act for or cooperate with the listing broker in selling property as an agent of the Seller.
What happened where a sub-agent is properly appointed?
Where a sub-agent is properly appointed, the principal is,
so far as regards third persons, 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.
