Agent not entitled to remuneration for business misconducted
Chapter 11: Agency
An agent who is guilty of misconduct in the business of the agency, is not entitled to any remuneration in respect of that part of the business which he has misconducted.
Illustrations.
(a) A employs B to recover, 1,00,000 rupees from C, and to lay it out on good security. B recovers the 1,00,000 rupees; and lays out 90,000 rupees on good security, but lays out 10,000 rupees on security which he ought to have known to be bad, whereby A loses 2,000 rupees. B is entitled to remuneration for recovering the 1,00,000 rupees and for investing the 90,000 rupees. He is not entitled to any remuneration for investing the 10,000 rupees, and he must make good the 2,000 rupees to B. (b)A employs B to recover 1,000 rupees from C. Through B‟s misconduct the money is not recovered. B is entitled to no remuneration for his services, and must make good the loss.
The Indian Contract Act, 1872 (Act No. 9 of 1872). From the updated text on India Code, with later amendments. Being checked against the official copy; amendment notes are not shown yet.
Related sections
- 217Agent‟s right of retainer out of sums received on principal‟s account
- 218Agent‟s duty to pay sums received for principal
- 219When agent‟s remuneration becomes due
- 221Agent‟s lien on principal‟s property
- 222Agent to be indemnified against consequences of lawful acts
- 223Agent to be indemnified against consequences of acts done in good faith