Introduction
The law of agency is based on the maxim “Qui facit per alium facit per se” i.e. he who does an act through another does it by himself. The concept of representative capacity is the totem of agency.
In the hustle and bustle of everyday life it sometimes becomes impossible to do everything ourselves and hence it becomes necessary to employ people to perform our acts. The person employed is the agent and the contract by which he is appointed is called agency. It is the principal who appoints the agent. In an agency, an agent acts on behalf of his principal and often uses his name and his acts in that capacity are attributable to the principal. ‘Agent’ is defined in Section 182 of The Indian Contract Act, 1872 as;
182. “Agent” and “principal” defined-An agent is a person employed to do any act for another, or to represent another in dealings with third persons. The person for whom such act is done, or who is so represented, is called the principal.
The implication of the definition being wide enough it is important to have the right approach. It is the agent’s representative capacity coupled with a power to affect the legal relations of the principal with the third persons which is the distinguishing feature of agency, as enunciated by Vivian Bose J in Kalyanji Kunwarji v Tirkaram Sheolal.
The most important requisite of agency is that the principal must be competent to contract as agency is a contract of employment to bring the principal into legal relations with the third party.
183. Who may employ agent-Any person who is of the age of majority according to the law which he is subject, and who is of sound mind, may employ an agent.
The appointment of an agent involves a contract and a minor’s agreement being void, thus a minor cannot employ an agent. The agent need not be competent to contract because he merely acts on behalf of his principal and incurs no
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