Скачать или смотреть Contract Act 1872 I Section 226-238 I Effect of Agency on contracts with third person I Judiciary

Section 226 : Enforcement and consequences of agent’s contracts—
Contracts entered into through an agent, and obligations arising from acts done by an agent, may be enforced in the same manner, and will have the same legal consequences, as if the contracts had been entered into and the acts done by the principal in person.

Section 227 : Principal how far bound, when agent exceeds authority—
When an agent does more than he is authorized to do, and when the part of what he does, which is within his authority, can be separated from the part which is beyond his authority, so much only of what he does as is within his authority is binding as between him and his principal.

Section 228 : Principal not bound when excess of agent’s authority is not separable— When an agent does more than he is authorized to do, and what he does beyond the scope of his authority cannot be separated from what is within it, the principal is not bound to recognize the transaction.

Section 229 : Consequences of notice given to agent—Any notice given to or information obtained by the agent, provided it be given or obtained in the course of the business transacted by him for the principal, shall, as between the principal and third parties, have the same legal consequences as if it had been given to or obtained by the principal.

Section 230 : Agent cannot personally enforce, nor be bound by contracts on behalf of principal—In the absence of any contract to that effect, an agent cannot personally enforce contract entered into by him on behalf of his principal, nor is he personally bound by them.
Presumption of contract to contrary.—Such a contract shall be presumed to exist in the following cases—
(1) where the contract is made by an agent for the sale or purchase of goods for a merchant resident abroad;
(2) where the agent does not disclose the name of his principal;
(3) where the principal, though disclosed, cannot be sued.

Section 231 : Rights of parties to a contract made by agent not disclosed— If an agent makes a contract with a person who neither knows, nor has reason to suspect that he is an agent, his principal may require the performance of the contract; but the other contracting party has, as against the principal, the same rights as he would have had as against the agent if the agent had been principal.

Section 232 : Performance of contract with agent supposed to be principal Where one man makes a contract with another, neither knowing nor having reasonable ground to suspect that the other is an agent the principal, if he requires the performance of the contract, can only obtain such performance subject to the rights and obligations subsisting between the agent and the other party to the contract.

Section 233 : Right of person dealing with agent personally liable—In cases where the agent is personally liable, a person dealing with him may hold either him or his principal, or both of them liable.

Section 234 : Consequence of inducing agent or principal to act on belief that principal or agent will be held exclusively liable—When a person who has made a contract with an agent induces the agent to act upon the belief that the principal only will be held liable, or induces the principal to act upon the belief that the agent only will be held liable, he cannot afterwards hold liable the agent or principal respectively.

Section 235 : Liability of pretended agent—A person untruly representing himself to be the authorized agent of another, and thereby inducing a third person to deal with him as such agent, is liable, if his alleged employer does not ratify his acts, to make compensation to the other in respect of any loss or damage which he has incurred by so dealing.

Section 236 : Person falsely contracting as agent, not entitled to performance—A person with whom a contract has been entered into 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 : Liability of principal inducing belief that agent’s unauthorized acts were authorized—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.

Section 238 : Effect, on agreement, of misrepresentation or fraud by agent Misrepresentations made, or frauds committed, by agents acting in the course of their business for their principals, have the same effect on agreements made by such agents as if such misrepresentations or frauds had been made or committed by the principals; but misrepresentations made, or frauds committed by agents, in matters which do not fall within their authority, do not affect their principals.

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