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Section 212 - Skill and diligence required from agent, Section 213 - Agent's accounts : Indian Contract Act 1872

 

What is Skill and diligence required from agent? What is responsibility of agent regarding Agent's accounts? Section 212 and 213 of Indian Contract Act 1872

Section 212 of Indian Contract Act 1872 : "Skill and diligence required from agent"

212. An agent is bound to conduct the business of the agency with as much skill as is generally possessed by persons engaged in similar business, unless the principal has notice of his want of skill. The agent is always bound to act with reasonable diligence, and to use such skill as he possesses; and to make compensation to his principal in respect of the direct consequences of his own neglect, want of skill, or misconduct, but not in respect of loss or damage which are indirectly or remotely caused by such neglect, want of skill or misconduct.

Illustrations
(a) A, a merchant in Calcutta, has an agent, B, in London, to whom a sum of money is paid on A's account, with orders to remit. B retains the money for a considerable time. A, in consequence of not receiving the money, becomes insolvent. B is liable for the money and interest from the day on which it ought to have been paid, according to the usual rate, and for any further direct loss - as, e.g., by variation of rate of exchange - but not further.

(b) A, an agent for the sale of goods, having authority to sell on credit, sells to B on credit, without making the proper and usual enquiries as to the solvency of B. B, at the time of such sale, is insolvent. A must make compensation to his principal in respect of any loss thereby sustained.

(c) A, an insurance-broker employed by B to effect an insurance on a ship, omits to see that the usual clauses are inserted in the policy. The ship is afterwards lost. In consequence of the omission of the clauses nothing can be recovered from the underwriters. A is bound to make good the loss to B.

(d) A, a merchant in England, directs B, his agent at Bombay, who accepts the agency, to send him 100 bales of cotton by a certain ship. B, having it in his power to send the cotton, omits to do so. The ship arrives safely in England. Soon after her arrival the price of cotton rises. B is bound to make good to A the profit which he might have made by the 100 bales of cotton at the time the ship arrived, but not any profit he might have made by the subsequent rise.

Section 213 of Indian Contract Act 1872 : "Agent's accounts"

213. An agent is bound to render proper accounts to his principal on demand.

 

INDIAN CONTRACT ACT 1872

Section 206 - Notice of revocation or renunciation

Section 207 - Revocation and renunciation may be expressed or implied

Section 208 - When termination of agent's authority takes effect as to agent, and as to third persons

Section 209 - Agent's duty on termination of agency by principal's death or insanity

Section 210 - Termination of sub-agent's authority

 

 

Agent's duty to Principal

Section 211 - Agent's duty in conducting principal's business

Section 212 - Skill and diligence required from agent

Section 213 - Agent's accounts

Section 214 - Agent's duty to communicate with principal

Section 215 - Right of principal when agent deals, on his own account, in business of agency without principal's consent

 

 

Section 216 - Principal's right to benefit gained by agent dealing on his own account in business of agency

Section 217 - Agent's right of retainer out of sums received on principal's account

Section 218 - Agent's duty to pay sums received for principal

Section 219 - When agent's remuneration becomes due

Section 220 - Agent not entitled to remuneration for business misconducted

 

 

Section 221 - Agent's lien on principal's property

Principal’s duty to agent

Section 222 - Agent to be indemnified against consequences of lawful acts

Section 223 - Agent to be indemnified against consequences of acts done in good faith

Section 224 - Non-liability of employer of agent to do a criminal act

Section 225 - Compensation to agent for injury caused by principal's neglect

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