0 Bewertungen0% fanden dieses Dokument nützlich (0 Abstimmungen)
56 Ansichten8 Seiten
An agency may be terminated by act of the parties through revocation or renunciation of the agency, or by operation of law. Termination by act of parties includes revocation by the principal or renunciation by the agent through notice, as well as cases where the agent has an interest in the subject matter or has already exercised their authority in part or whole. Termination by operation of law occurs due to efflux of time if the agency was for a fixed period, performance of the object of the agency, determination of the subject matter, or death/insanity of the principal or agent.
An agency may be terminated by act of the parties through revocation or renunciation of the agency, or by operation of law. Termination by act of parties includes revocation by the principal or renunciation by the agent through notice, as well as cases where the agent has an interest in the subject matter or has already exercised their authority in part or whole. Termination by operation of law occurs due to efflux of time if the agency was for a fixed period, performance of the object of the agency, determination of the subject matter, or death/insanity of the principal or agent.
An agency may be terminated by act of the parties through revocation or renunciation of the agency, or by operation of law. Termination by act of parties includes revocation by the principal or renunciation by the agent through notice, as well as cases where the agent has an interest in the subject matter or has already exercised their authority in part or whole. Termination by operation of law occurs due to efflux of time if the agency was for a fixed period, performance of the object of the agency, determination of the subject matter, or death/insanity of the principal or agent.
by act of parties or by operation of law. Termination of Agency I. Termination by act of parties Revocation and Renunciation : The principal may, by notice, revoke the authority of the agent. The agent may similarly, by notice, renounce the business of agency. Revocation and renunciation can be express or may be implied from the conduct of the parties. Example : A empowers B to let A’s house. Afterwards A lets it himself. There is an implied revocation of B’s authority. I. Termination by act of parties
Compensation of Revocation and
Renunciation : Where there is an express or implied agreement to continue the agency for any length of time , and the contract of agency is revoked or renounced with sufficient cause, compensation must be paid to the injured party. I. Termination by act of parties Irrevocable agency : The principal cannot revoke the authority of the agent in the following cases: 1. When the agent has an interest in the subject-matter of the contract, his authority cannot be revoked so as to prejudice that interest. This is known as agency coupled with interest. Example : A gives authority to B to sell A’s land to pay himself out of the proceeds, the debts due to him from A. A cannot revoke this authority, nor can it be terminated by his insanity or death. I. Termination by act of parties
2. The authority of the agent cannot be
revoked once it has been exercised so as to bind the principal. 3. When the agent has partially exercised his authority, the principal cannot by revocation affect the acts already done. II. Termination by operation of Law An agency may terminate by operation of law in any of the following ways : 1. Efflux of time : When the agency is for a fixed period of time, it terminates on the expiry of that time. 2. Performance of the object : Where the agency is for a particular object, it terminates when the object is accomplished or when the accomplish- ment becomes impossible. II. Termination by operation of Law 3. Determination of subject matter : When the subject-matter of the agency comes to end, the agency terminates. 4. Death or insanity of the principal or agent : Death or insanity of the principal or the agent, terminates the agency. In case of a company, its winding up and in case of a firm, its dissolution has the same effect II. Termination by operation of Law 5. Insolvency of the principal : If the principal is adjudicated an insolvent, the agency terminates . But insolvency of the agent does not terminate the agency. 6. The principal becoming an alien enemy : If the principal and the agent belong to different countries and war breaks out between the two countries, the contract of agency is terminated. 7. Termination of the sub-agent’s authority : The sub-agent’s authority comes to an end when the agent’s authority terminates.