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Section 27 - Agency, Section 28 - Liability of agent signing : Negotiable Instruments Act 1881

What is Agency? What is Liability of agent signing? Agency Liability of agent signing are defined under Section 27 and 28 of Negotiable Instruments Act 1881



Section 27 of Negotiable Instruments Act 1881: "Agency"

Every person capable of binding himself or of being bound, as mentioned in section 26, may so bind himself or be bound by a duly authorized agent acting in his name.

A general authority to transact business and to receive and discharge debts does not confer upon an agent the power of accepting or indorsing bills of exchange so as to bind his principal.

An authority to draw bills of exchange does not of itself import an authority to indorse.


Section 28 of Negotiable Instruments Act 1881: "Liability of agent signing"

An agent who signs his name to a promissory note, bill of exchange or cheque without indicating thereon that he signs as agent, or that he does not intend thereby to incur personal responsibility, is liable personally on the instrument, except to those who induced him to sign upon the belief that the principal only would be held liable.


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