What are the rights of an agent?


0
  1. He is entitled to remuneration and other expenses properly incurred by him in the agency. But if he is guilty of misconduct, he is not entitled to receive the remuneration.

Illustration: A employs B to recover Rs. 1000 from C. Through B’s misconduct, the money is not recovered. B is entitled to no remuneration for his services and must make good the loss.

  1. He is entitled to retain the goods, papers and other property, movable on immovable, of the principal for his claims.
  2. The agent has a right to be indemnified by the principal for all lawful acts.

Illustration: B at Singapore under instructions from A of Calcutta, contracts with C to deliver goods. A does not send the goods to B and C sues B breach of contract. B informs A of the suit and A authorizes him to defend the suit. B defends and is compelled to pay damages etc. A is liable to B for such damages etc.

  1. The agent is entitled to be indemnified for the injury caused to him by the principal’s neglect or want of skill.

Illustration: A employs B as a brick-layer in building in a house and puts a scaffolding himself unskillfully and B is in consequence, hurt. A must compensate B.

  1. When an agent acts in good faith, the employer must indemnify him for the consequence of that act, through it causes an injury to the rights of third parties.

Illustration: B, at the request of A, sells goods in the possession of A, but which A had no right to dispose of B does not know this and hands over the sale proceeds to A. afterwards C the true owner sues A and recovers the value of goods and costs. A must indemnify B for what he has paid and for B’s own expenses.


Like it? Share with your friends!

0
BMS Team

We, at BMS.co.in, believe in sharing knowledge and giving quality information to our BMS students. We are here to provide and update you with every details required by you BMSites! If you want to join us, please mail to [email protected].

One Comment

Facebook comments: