Indian_Real_Estate_Law (2)
Indian Real Estate Laws 182and to pay for it out of A’s money remainingin B’s hands. B buys 1,000 bales of cotton inA’s name, and so as not to render himself personallyliable for the price. A can revoke B’sauthority to pay for the cotton. (b) A authorizesB to buy 1,000 bales of cotton on accountof A, and to pay for it out of A’s money remainingin B’s hands. B buys 1,000 bales ofcotton in A’s name, and so as not to renderhimself personally liable for the price. A canrevoke B’s authority to pay for the cotton."205. Compensation for revocation by principal,or renunciation by agent.—Where there isan express or implied contract that the agencyshould be continued for any period of time,the principal must make compensation to theagent, or the agent to the principal, as the casemay be, for any previous revocation or renunciationof the agency without sufficient cause.—Where there is an express or implied contractthat the agency should be continued forany period of time, the principal must makecompensation to the agent, or the agent to theprincipal, as the case may be, for any previousrevocation or renunciation of the agencywithout sufficient cause." 206. Notice of revocationor renunciation.—Reasonable noticemust be given of such revocation or renunciation,otherwise the damage thereby resultingto the principal or the agent, as the casemay be, must be made good to the one by theother. —Reasonable notice must be given ofsuch revocation or renunciation, otherwise thedamage thereby resulting to the principal orthe agent, as the case may be, must be madegood to the one by the other." 207. Revocationand renunciation may be expressed orimplied.—Revocation or renunciation may beexpressed or may be implied in the conductof that principal or agent respectively. —Revocationor renunciation may be expressed ormay be implied in the conduct of that principalor agent respectively." Illustration A empowersB to let A’s house. Afterwards A letsit himself. This is an implied revocation of B’sauthority. A empowers B to let A’s house. AfterwardsA lets it himself. This is an impliedrevocation of B’s authority." 208. When terminationof agent’s authority takes effect asto agent, and as to third persons.—The terminationof the authority of an agent does not,so far as regards the agent, take effect beforeit becomes known to him, or, so far as regardsthird persons, before it becomes knownto them. —The termination of the authorityof an agent does not, so far as regards theagent, take effect before it becomes known tohim, or, so far as regards third persons, beforeit becomes known to them." Illustrations (a) Adirects B to sell goods for him, and agrees togive B five per cent. commission on the pricefetched by the goods. A afterwards by letter,revokes B’s authority. B after the letter is sent,but before he receives it, sells the goods for 100rupees. The sale is binding on A, and B is entitledto five rupees as his commission. (a) Adirects B to sell goods for him, and agrees togive B five per cent. commission on the pricefetched by the goods. A afterwards by letter,revokes B’s authority. B after the letter issent, but before he receives it, sells the goodsfor 100 rupees. The sale is binding on A, andB is entitled to five rupees as his commission."(b) A, at Madras, by letter directs B to sellfor him some cotton lying in a warehouse inBombay, and afterwards, by letter revokes hisauthority to sell, and directs B to send thecotton to Madras. B after receiving the secondletter, enters into a contract with C, whoknows of the first letter, but not of the secondfor the sale to him of the cotton. C pays B themoney, with which B absconds. C’s paymentis good as against A. (b) A, at Madras, by letterdirects B to sell for him some cotton lyingin a warehouse in Bombay, and afterwards, byletter revokes his authority to sell, and directsB to send the cotton to Madras. B after receivingthe second letter, enters into a contractwith C, who knows of the first letter, but notof the second for the sale to him of the cotton.C pays B the money, with which B absconds.C’s payment is good as against A." (c) A directsB, his agent, to pay certain money to C.A dies, and D takes out probate to his will.B, after A’s death, but before hearing of it,pays the money to C. The payment is goodas against D, the executor. (c) A directs B,his agent, to pay certain money to C. A dies,and D takes out probate to his will. B, afterA’s death, but before hearing of it, pays the6.6 6. THE INDIAN CONTRACT ACT, 1872
183 Indian Real Estate Lawsmoney to C. The payment is good as againstD, the executor." 208. When termination ofagent’s authority takes effect as to agent, andas to third persons.—The termination of theauthority of an agent does not, so far as regardsthe agent, take effect before it becomesknown to him, or, so far as regards third persons,before it becomes known to them. —Thetermination of the authority of an agent doesnot, so far as regards the agent, take effect beforeit becomes known to him, or, so far as regardsthird persons, before it becomes knownto them." Illustrations (a) A directs B to sellgoods for him, and agrees to give B five percent. commission on the price fetched by thegoods. A afterwards by letter, revokes B’s authority.B after the letter is sent, but before hereceives it, sells the goods for 100 rupees. Thesale is binding on A, and B is entitled to fiverupees as his commission. (a) A directs B tosell goods for him, and agrees to give B five percent. commission on the price fetched by thegoods. A afterwards by letter, revokes B’s authority.B after the letter is sent, but before hereceives it, sells the goods for 100 rupees. Thesale is binding on A, and B is entitled to fiverupees as his commission." (b) A, at Madras,by letter directs B to sell for him some cottonlying in a warehouse in Bombay, and afterwards,by letter revokes his authority to sell,and directs B to send the cotton to Madras. Bafter receiving the second letter, enters into acontract with C, who knows of the first letter,but not of the second for the sale to him of thecotton. C pays B the money, with which B absconds.C’s payment is good as against A. (b)A, at Madras, by letter directs B to sell for himsome cotton lying in a warehouse in Bombay,and afterwards, by letter revokes his authorityto sell, and directs B to send the cotton toMadras. B after receiving the second letter,enters into a contract with C, who knows ofthe first letter, but not of the second for thesale to him of the cotton. C pays B the money,with which B absconds. C’s payment is goodas against A." (c) A directs B, his agent, topay certain money to C. A dies, and D takesout probate to his will. B, after A’s death,but before hearing of it, pays the money to C.The payment is good as against D, the executor.(c) A directs B, his agent, to pay certainmoney to C. A dies, and D takes out probateto his will. B, after A’s death, but before hearingof it, pays the money to C. The payment isgood as against D, the executor." 209. Agent’sduty on termination of agency by principal’sdeath or insanity.— When an agency is terminatedby the principal dying or becoming ofunsound mind, the agent is bound to take, onbehalf of the representatives of his late principal,all reasonable steps for the protectionand preservation of the interests entrusted tohim. — When an agency is terminated by theprincipal dying or becoming of unsound mind,the agent is bound to take, on behalf of therepresentatives of his late principal, all reasonablesteps for the protection and preservationof the interests entrusted to him." 209. Agent’sduty on termination of agency by principal’sdeath or insanity.— When an agency is terminatedby the principal dying or becoming ofunsound mind, the agent is bound to take, onbehalf of the representatives of his late principal,all reasonable steps for the protectionand preservation of the interests entrusted tohim. — When an agency is terminated by theprincipal dying or becoming of unsound mind,the agent is bound to take, on behalf of therepresentatives of his late principal, all reasonablesteps for the protection and preservationof the interests entrusted to him." 210. Terminationof sub-agent’s authority.—The terminationof the authority of an agent causes thetermination (subject to the rules herein containedregarding the termination of an agent’sauthority) of the authority of all sub-agentsappointed by him. —The termination of theauthority of an agent causes the termination(subject to the rules herein contained regardingthe termination of an agent’s authority)of the authority of all sub-agents appointedby him." 210. Termination of sub-agent’s authority.—Thetermination of the authority ofan agent causes the termination (subject tothe rules herein contained regarding the terminationof an agent’s authority) of the authorityof all sub-agents appointed by him.—The termination of the authority of an agentcauses the termination (subject to the rulesherein contained regarding the termination of6. THE INDIAN CONTRACT ACT, 1872 6.6
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Indian Real Estate Laws 182
and to pay for it out of A’s money remaining
in B’s hands. B buys 1,000 bales of cotton in
A’s name, and so as not to render himself personally
liable for the price. A can revoke B’s
authority to pay for the cotton. (b) A authorizes
B to buy 1,000 bales of cotton on account
of A, and to pay for it out of A’s money remaining
in B’s hands. B buys 1,000 bales of
cotton in A’s name, and so as not to render
himself personally liable for the price. A can
revoke B’s authority to pay for the cotton."
205. Compensation for revocation by principal,
or renunciation by agent.—Where there is
an express or implied contract that the agency
should be continued for any period of time,
the principal must make compensation to the
agent, or the agent to the principal, as the case
may be, for any previous revocation or renunciation
of the agency without sufficient cause.
—Where there is an express or implied contract
that the agency should be continued for
any period of time, the principal must make
compensation to the agent, or the agent to the
principal, as the case may be, for any previous
revocation or renunciation of the agency
without sufficient cause." 206. Notice of revocation
or renunciation.—Reasonable notice
must be given of such revocation or renunciation,
otherwise the damage thereby resulting
to the principal or the agent, as the case
may be, must be made good to the one by the
other. —Reasonable notice must be given of
such revocation or renunciation, otherwise the
damage thereby resulting to the principal or
the agent, as the case may be, must be made
good to the one by the other." 207. Revocation
and renunciation may be expressed or
implied.—Revocation or renunciation may be
expressed or may be implied in the conduct
of that principal or agent respectively. —Revocation
or renunciation may be expressed or
may be implied in the conduct of that principal
or agent respectively." Illustration A empowers
B to let A’s house. Afterwards A lets
it himself. This is an implied revocation of B’s
authority. A empowers B to let A’s house. Afterwards
A lets it himself. This is an implied
revocation of B’s authority." 208. When termination
of agent’s authority takes effect as
to agent, and as to third persons.—The termination
of the authority of an agent does not,
so far as regards the agent, take effect before
it becomes known to him, or, so far as regards
third persons, before it becomes known
to them. —The termination of the authority
of an agent does not, so far as regards the
agent, take effect before it becomes known to
him, or, so far as regards third persons, before
it becomes known to them." Illustrations (a) A
directs B to sell goods for him, and agrees to
give B five per cent. commission on the price
fetched by the goods. A afterwards by letter,
revokes B’s authority. B after the letter is sent,
but before he receives it, sells the goods for 100
rupees. The sale is binding on A, and B is entitled
to five rupees as his commission. (a) A
directs B to sell goods for him, and agrees to
give B five per cent. commission on the price
fetched by the goods. A afterwards by letter,
revokes B’s authority. B after the letter is
sent, but before he receives it, sells the goods
for 100 rupees. The sale is binding on A, and
B is entitled to five rupees as his commission."
(b) A, at Madras, by letter directs B to sell
for him some cotton lying in a warehouse in
Bombay, and afterwards, by letter revokes his
authority to sell, and directs B to send the
cotton to Madras. B after receiving the second
letter, enters into a contract with C, who
knows of the first letter, but not of the second
for the sale to him of the cotton. C pays B the
money, with which B absconds. C’s payment
is good as against A. (b) A, at Madras, by letter
directs B to sell for him some cotton lying
in a warehouse in Bombay, and afterwards, by
letter revokes his authority to sell, and directs
B to send the cotton to Madras. B after receiving
the second letter, enters into a contract
with C, who knows of the first letter, but not
of the second for the sale to him of the cotton.
C pays B the money, with which B absconds.
C’s payment is good as against A." (c) A directs
B, his agent, to pay certain money to C.
A dies, and D takes out probate to his will.
B, after A’s death, but before hearing of it,
pays the money to C. The payment is good
as against D, the executor. (c) A directs B,
his agent, to pay certain money to C. A dies,
and D takes out probate to his will. B, after
A’s death, but before hearing of it, pays the
6.6 6. THE INDIAN CONTRACT ACT, 1872