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Section 236 - Person falsely contracting as agent not entitled to performance, Section 237 - Liability of principal inducing belief that agent's unauthorized acts were authorized : Indian Contract Act 1872

What is the  Consequence of Person falsely contracting as agent not entitled to performance? What is the Liability of principal inducing belief that agent's unauthorized acts were authorized? Section 236 and 237 of Indian Contract Act 1872


 

Section 236 of Indian Contract Act 1872 : "Person falsely contracting as agent not entitled to performance"

236. A person with whom a contract has been entered into in the character of agent, is not entitled to require the performance of it, if he was in reality acting, not as agent, but on his own account.

 

Section 237 of Indian Contract Act 1872 : "Liability of principal inducing belief that agent's unauthorized acts were authorized"

237. When an agent has, without authority, done acts or incurred obligations to third persons on behalf of his principal, the principal is bound by such acts or obligations, if he has by his words or conduct induced such third persons to believe that such acts and obligations were within the scope of the agent's authority.

Illustrations
(a) A consigns goods to B for sale, and gives him instructions not to sell under a fixed price. C, being ignorant of B's instructions, enters into a contract with B to buy the goods at a price lower than the reserved price. A is bound by the contract.

(b) A entrusts B with negotiable instruments endorsed in blank. B sells them to C in violation of private orders from A. The sale is good.

 

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