Contract-Act-Part4-Agency Judiciary
39 questions · Judiciary
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Question 1 of 39
Under Section 187, how does Section 187 distinguish 'express' authority from 'implied' authority of an agent?
ExplanationExpress authority is given by words spoken or written; implied authority is to be inferred from the circumstances of the case — Under Section 187, how does Section 187 distinguish 'express' authority from 'implied' authority of an agent.
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Question 2 of 39
Under Section 186, how may an agent's authority be conferred?
ExplanationExpressly or impliedly — Under Section 186, how may an agent's authority be conferred.
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Question 3 of 39
Which section of the Contract Act deals with an agent's authority in an emergency?
ExplanationSection 189 — Which section of the Contract Act deals with an agent's authority in an emergency.
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Question 4 of 39
Under Section 184, who may be an agent, as between the principal and third persons?
ExplanationThis differs from the requirement that a principal himself be competent to contract, per Section 183.
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Question 5 of 39
Under Section 238, what is the effect on an agreement of misrepresentation made, or fraud committed, by an agent acting within the scope of his authority?
ExplanationIt has the same effect on the agreement as if the misrepresentation or fraud had been made or committed by the principal — Under Section 238, what is the effect on an agreement of misrepresentation made, or fraud committed, by an agent acting within the scope of his authority.
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Question 6 of 39
Under Section 201, by what general means may an agency be terminated?
ExplanationBy the principal revoking his authority, the agent renouncing the business of the agency, completion of the business, death or unsoundness of mind of either party, or the principal's insolvency — Under Section 201, by what general means may an agency be terminated.
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Question 7 of 39
Under Section 197, may ratification of an unauthorized act be either express or implied?
ExplanationYes — Under Section 197, may ratification of an unauthorized act be either express or implied.
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Question 8 of 39
Under Section 227, what happens where an agent does more than he is authorized to do, and the authorized and unauthorized parts of the act can be separated?
ExplanationSo much of what he does as is within his authority is binding as between him and his principal — Under Section 227, what happens where an agent does more than he is authorized to do, and the authorized and unauthorized parts of the act can be separated.
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Question 9 of 39
Under Section 198, what knowledge is generally requisite for a valid ratification of an unauthorized act?
ExplanationFull knowledge of all material facts, unless the person ratifying intended to ratify regardless of the facts — Under Section 198, what knowledge is generally requisite for a valid ratification of an unauthorized act.
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Question 10 of 39
Under Section 222, what must a principal do for an agent, regarding lawful acts done by the agent in exercise of his authority?
ExplanationIndemnify the agent against the consequences of all lawful acts done in exercise of that authority — Under Section 222, what must a principal do for an agent, regarding lawful acts done by the agent in exercise of his authority.
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Question 11 of 39
Which section of the Contract Act addresses compensation to an agent for injury caused by the principal's neglect?
ExplanationSection 225 — Which section of the Contract Act addresses compensation to an agent for injury caused by the principal's neglect.
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Question 12 of 39
Under Section 217, what right does an agent have regarding sums received on account of the principal?
ExplanationA right of retainer, out of such sums, for all moneys due to himself in respect of advances made or expenses properly incurred in conducting the business, and for remuneration — Under Section 217, what right does an agent have regarding sums received on account of the principal.
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Question 13 of 39
Under Section 235, what is the liability of a person who falsely represents himself to be an agent of another, and thereby induces a third person to deal with him as such?
ExplanationHe is liable for breach of an implied warranty of authority, if his alleged principal does not ratify his acts — Under Section 235, what is the liability of a person who falsely represents himself to be an agent of another, and thereby induces a third person to deal with him as such.
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Question 14 of 39
Under Section 185, is consideration necessary to create a valid agency?
ExplanationNo, consideration is not necessary between principal and agent — Under Section 185, is consideration necessary to create a valid agency.
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Question 15 of 39
Under Section 211, what is an agent's duty in conducting his principal's business?
ExplanationTo conduct it according to the principal's directions, or, absent such directions, according to the custom prevailing in similar businesses — Under Section 211, what is an agent's duty in conducting his principal's business.
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Question 16 of 39
Under Section 230, as a general rule, can an agent personally enforce contracts entered into by him on behalf of his principal, or be personally bound by them?
ExplanationNo, subject to a presumption of a contract to the contrary in certain circumstances (e.g. where the agent contracts for a foreign principal) — Under Section 230, as a general rule, can an agent personally enforce contracts entered into by him on behalf of his principal, or be personally bound by them.
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Question 17 of 39
Under Section 202, if the agent has an interest in the subject-matter of the agency (an 'agency coupled with interest'), may the principal revoke the agency to the prejudice of that interest, absent an express contract?
ExplanationNo — Under Section 202, if the agent has an interest in the subject-matter of the agency (an 'agency coupled with interest'), may the principal revoke the agency to the prejudice of that interest, absent an express contract.
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Question 18 of 39
Under Section 190, when can an agent lawfully delegate his authority to a sub-agent, as a general rule?
ExplanationAs a general rule, an agent cannot lawfully employ another to perform acts which he has expressly or impliedly undertaken to perform personally, unless the ordinary custom of trade permits delegation, or the nature of the agency requires it — Under Section 190, when can an agent lawfully delegate his authority to a sub-agent, as a general rule.
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Question 19 of 39
Under Section 218, subject to his right of retainer, what must an agent do with sums received on the principal's account?
ExplanationPay them to the principal — Under Section 218, subject to his right of retainer, what must an agent do with sums received on the principal's account.
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Question 20 of 39
Under Section 237, when is a principal liable for the unauthorized acts of an agent?
ExplanationWhere the principal's own conduct induces third persons to believe that those acts were within the scope of the agent's authority — Under Section 237, when is a principal liable for the unauthorized acts of an agent.
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Question 21 of 39
Which section of the Contract Act deals with an agent's lien on the principal's property?
ExplanationSection 221 — Which section of the Contract Act deals with an agent's lien on the principal's property.
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Question 22 of 39
Under Section 196, what is the effect where acts are done by one person on behalf of another, but without that other's knowledge or authority?
ExplanationThat other person may elect to ratify or disown such acts; if he ratifies, the same effects follow as if the acts had been performed by his authority — Under Section 196, what is the effect where acts are done by one person on behalf of another, but without that other's knowledge or authority.
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Question 23 of 39
Under Section 200, can ratification of an unauthorized act injure a third person, if the act would otherwise be lawful?
ExplanationNo, ratification cannot injure a third person if the act would not have been lawful without such injury, or where such person's rights are dependent on the act's timing — Under Section 200, can ratification of an unauthorized act injure a third person, if the act would otherwise be lawful.
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Question 24 of 39
Which section of the Contract Act deals with who may employ an agent?
ExplanationSection 183 — Which section of the Contract Act deals with who may employ an agent.
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Question 25 of 39
Under Section 231, where an agent makes a contract for a principal who is not disclosed, and the principal wishes to claim the benefit of the contract, must he accept the contract in its entirety, subject to any rights of third parties?
ExplanationYes — Under Section 231, where an agent makes a contract for a principal who is not disclosed, and the principal wishes to claim the benefit of the contract, must he accept the contract in its entirety, subject to any rights of third parties.
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Question 26 of 39
Under Section 212, what degree of skill and diligence is generally required from an agent?
ExplanationAs much skill as is generally possessed by persons engaged in similar business, and reasonable diligence, using such skill as he possesses — Under Section 212, what degree of skill and diligence is generally required from an agent.
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Question 27 of 39
Under Section 209, upon termination of an agency by the principal's death or insanity, what is the agent's duty regarding the principal's representatives?
ExplanationTo take all reasonable steps to protect and preserve the interests entrusted to him — Under Section 209, upon termination of an agency by the principal's death or insanity, what is the agent's duty regarding the principal's representatives.
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Question 28 of 39
Under Section 182, how is an 'agent' defined?
ExplanationA person employed to do any act for another, or to represent another in dealings with third persons — Under Section 182, how is an 'agent' defined.
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Question 29 of 39
Under Section 205, if an agency is for a fixed period, and the principal revokes it (or the agent renounces it) without sufficient cause before that period expires, what follows?
ExplanationThe party so revoking or renouncing must compensate the other for any resulting damage — Under Section 205, if an agency is for a fixed period, and the principal revokes it (or the agent renounces it) without sufficient cause before that period expires, what follows.
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Question 30 of 39
Under Section 228, what happens where an agent exceeds his authority, and the authorized and unauthorized parts of the act CANNOT be separated?
ExplanationThe principal is not bound by the transaction — Under Section 228, what happens where an agent exceeds his authority, and the authorized and unauthorized parts of the act CANNOT be separated.
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Question 31 of 39
Under Section 236, if a person falsely contracts as an agent for someone without authority, can that person compel performance of the contract from the party who dealt with him under that false belief?
ExplanationNo, a person so falsely contracting is not entitled to performance — Under Section 236, if a person falsely contracts as an agent for someone without authority, can that person compel performance of the contract from the party who dealt with him under that false belief.
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Question 32 of 39
Under Section 229, what is the general rule on the effect of notice given to an agent, regarding any matter connected with the business of the agency?
ExplanationIt produces the same legal consequence as if notice had been given to the principal — Under Section 229, what is the general rule on the effect of notice given to an agent, regarding any matter connected with the business of the agency.
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Question 33 of 39
Under Section 182, the person for whom an act is done, or who is represented, by an agent is called what?
ExplanationThe principal — Under Section 182, the person for whom an act is done, or who is represented, by an agent is called what.
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Question 34 of 39
Under Section 215, what right does a principal have where his agent deals on his own account in the business of the agency without the principal's consent?
ExplanationThe principal may repudiate the transaction, if the case shows material facts were dishonestly concealed, or the dealing was disadvantageous to the principal — Under Section 215, what right does a principal have where his agent deals on his own account in the business of the agency without the principal's consent.
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Question 35 of 39
Under Section 226, through an agent's contracts made on the principal's behalf, within the scope of his authority, who is generally bound and entitled to benefits, as if the contracts had been made personally?
ExplanationThe principal — Under Section 226, through an agent's contracts made on the principal's behalf, within the scope of his authority, who is generally bound and entitled to benefits, as if the contracts had been made personally.
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Question 36 of 39
Under Section 203, when may a principal generally revoke the authority given to his agent?
ExplanationAt any time before the authority has been exercised so as to bind the principal, unless otherwise expressly or impliedly agreed — Under Section 203, when may a principal generally revoke the authority given to his agent.
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Question 37 of 39
Under Section 191, how is a 'sub-agent' defined?
ExplanationA person employed by, and acting under the control of, the original agent in the business of the agency — Under Section 191, how is a 'sub-agent' defined.
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Question 38 of 39
Which section of the Contract Act deals with an agent's duty to communicate with his principal?
ExplanationSection 214 — Which section of the Contract Act deals with an agent's duty to communicate with his principal.
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Question 39 of 39
Under Section 213, what is an agent generally bound to do regarding his accounts?
ExplanationRender proper accounts to his principal on demand — Under Section 213, what is an agent generally bound to do regarding his accounts.
0 / 39 answered
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