NAME – SHUBHAM DEVKAR

CLASS- SYBCOM
DIVISION- E
ROLL NO -25
SUBJECT- LAW
TOPIC – DUTIES & RIGHTS OF
AGENT
 Introduction
• It is very common nowadays to delegate all or some of
authority to another person or to make another person
our representative. If we talk about agency in very
means, delegating some of authority or power to
another person and him as our representative.
• The topic agency is a vital and integral part of the Indian
Contract ACT . Nowadays it’s very common to delegate
all or some of authority to another person. From big to
small business agreements, deals, normal agreements,
or any transactions the role . Section 182 of the Indian
CONTRACT ACT defines the term Agent and principal, as
per which, Agent is the person appointed by another
person to represent in dealings or any kind of
professional work with a third party. The principal is the
person who appoints the agent to represent him .
 Rights of agent
• As per Section 217 of the Indian Contract Act.
• “Agent’s right of retainer out of sums received on
principal’s account. An agent may retain, out of any sums
received on account of the principal in the business of the
agency, all money due to himself in respect of advances
made or expenses properly incurred by him in conducting
such business, and also such remuneration as may be
payable to him for acting as an agent.”
• In simple terms, if we define section 217 it means the agent
has the right to hold or retain the money accrue to an
agent in due course of conducting a business act as
gAuided by the principal. The agent can retain money to
clear the dues of the remunerations also.
• The Condition of this act says, the expenses incurred to an
agent for which he is retaining money must be arising in
course of business-related work and as guided by the
principal.
 Duties of agent
• Agent duty to avoid conflict of interest
• The conflict between duty and interest of the principal.
Agent duty to avoid conflict between his duty and the
interest of the principal. The agent is not allowed to carry
any work which resulted in any kind of conflict between his
duty and the interest of the principal. Section 215 and 216
of the Indian Contract Act deals with the present disused
situation
• Section 215 of the Indian Contract Act, deals with – “Right
of principal when an agent deals, on his account, in the
business of agency without principal’s consent”. As per this
section, if the agent enters into any kind of transaction on
his account without obtaining the consent of the principal
or without giving full information or plays any dishonest
act, the principal has the right to repudiate the transaction.
The principal can repudiate the transaction if find any
dishonest act against him or cheating by an agent