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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183 Indian Real Estate Laws
money to C. The payment is good as against
D, the executor." 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 money to C. The payment is
good as against D, the executor." 209. Agent’s
duty on termination of agency by principal’s
death or insanity.— When an agency is terminated
by the principal dying or becoming of
unsound mind, the agent is bound to take, on
behalf of the representatives of his late principal,
all reasonable steps for the protection
and preservation of the interests entrusted to
him. — When an agency is terminated by the
principal dying or becoming of unsound mind,
the agent is bound to take, on behalf of the
representatives of his late principal, all reasonable
steps for the protection and preservation
of the interests entrusted to him." 209. Agent’s
duty on termination of agency by principal’s
death or insanity.— When an agency is terminated
by the principal dying or becoming of
unsound mind, the agent is bound to take, on
behalf of the representatives of his late principal,
all reasonable steps for the protection
and preservation of the interests entrusted to
him. — When an agency is terminated by the
principal dying or becoming of unsound mind,
the agent is bound to take, on behalf of the
representatives of his late principal, all reasonable
steps for the protection and preservation
of the interests entrusted to him." 210. Termination
of sub-agent’s authority.—The termination
of the authority of an agent causes the
termination (subject to the rules herein contained
regarding the termination of an agent’s
authority) of the authority of all sub-agents
appointed by him. —The termination of the
authority of an agent causes the termination
(subject to the rules herein contained regarding
the termination of an agent’s authority)
of the authority of all sub-agents appointed
by him." 210. Termination of sub-agent’s authority.—The
termination of the authority of
an agent causes the termination (subject to
the rules herein contained regarding the termination
of an agent’s authority) of the authority
of all sub-agents appointed by him.
—The termination of the authority of an agent
causes the termination (subject to the rules
herein contained regarding the termination of
6. THE INDIAN CONTRACT ACT, 1872 6.6
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