Contract of agency

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Transcript of Contract of agency

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Asma YasminRizwana Sarfraz

Presenters

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InstructorMuhammad

Nauman

SubjectCorporate & Commercial

Law

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Contract of Agency

Topic

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Introduction of agencyEssentialities of contract of

agency

Asma Yasmin

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What is agency?Relationship between Principal and

AgentAuthority to representBinding for principalResponsible for acts of agentResponsibility of negligence on

principalResponsibility of negligence on agentNo responsibility on minor agent Section 182-238 of Contract Act

1872.

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Example: Coca cola beverages appointed

Muhammad Ahmad Ali as its sales agent in district Jhang. At a remuneration of Rs.30,000/- per month. All the terms and conditions are settled in the contract.

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Who is agent? Agent is a person

who represents some other person and is authorized to do so, by him.

Example: In this example

Muhammad Ahmad Ali is an agent who is representing Coca Cola and is authorized by Coca Cola to do so.

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Who is principal? The person who

is being represented by agent, is called as Principal.

Example: In this Example

Coca Cola is principal who is being represented by Muhammad Ahmad Ali.

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Kinds of agency

There are two types of agency

General Agency

Special Agency

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General AgencyDefinition The agent is authorized to do all the act required to conduct a business.Example: Coca cola beverages employs

Muhammad Reyan as a sales manager. This is a

general agency contract and here Muhammad Reyan is a general agent of the company.

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Special AgencyDefinition The agent is appointed to

perform a specific task.Example: Coca cola appointed Muhammad

Ahmad Ali as its sales agent in district Jhang.

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Essentialities of contract of agency

There are five essentialities of agency Agreement Legal Relationship Capability to Contract Consideration not essential Intention of Agent to act for principal

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AgreementThere must be an agreement in

Agency.

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Legal RelationshipLegal relationship between agent and

principalLegal relationship between principal and

third party

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Capability to ContractCompetency of principal

Solvent Not disqualified by law

Competency of Agent Sound mind Not disqualified by law May be a minor

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Consideration not essentialConsideration is not necessary in every case

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Intention of Agent to act for principal Intention of agent to act for principal is

necessary in the contract of agency.

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TopicRights and Duties of Agent

Rights and Duties of Principal

Rizwana Sarfraz

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Rights of agentRemunerationLienIndemnified for consequencesRetainerStoppage of goods in transitCompensate for injuryCompensated for against Act done

for faith

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Duties of agentFollow instructionBest use of abilitiesNot mix propertyMaintain accountsPayments of amountsDeath or insanity of principalNo appointment of sub agentCommunicate with principal

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Rights of principalFollow instructionBest use of abilitiesNot mix propertyMaintain accountsPayments of amountsCommunicate with principal

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Duties of principalRemunerationLienIndemnified for consequencesRetainerStoppage of goods in transitCompensate for injuryCompensated for against Act done

in good faith

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THANK YOU!

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ANY QUESTION?