RIGHTS OF UNDISCLOSED PRINCIPAL

Project Synopsis

Submitted by: Submitted to:

Disha lohiya. Mr. Arunabha Banerjee

B.A. LL.B. (Hons.) Faculty of Law

UG Semester-II NLU-Jodhpur

Roll No. 1665

NATIONAL LAW UNIVERSITY, JODHPUR

WINTER SEMESTER

(JANUARY-MAY 2019)
 TABLE OF CONTENTS

TABLE OF CONTENTS ................................................................................................................ 2

INTRODUCTION .......................................................................................................................... 3

RESARCH OBJECTIVES ............................................................................................................. 4

RESEARCH METHODOLOGY.................................................................................................... 5

TENTATIVE CHAPTERIZATION ............................................................................................... 6

LITERATURE SURVEY ............................................................................................................... 7

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 INTRODUCTION
“The principle of Agency is a type of special contract entered into by two or more people, wherein
one person (agent) acts on behalf of the other (principal). Such an agent can have one or more sub
agents. Undisclosed Principal is a concept covered under law of Agency. Undisclosed Principal is
a person who acts through an agent for the purpose of any negotiations with the third party, without
his identity being disclosed. The third party does not know about the existence of such principal
and deems the agent as if he is acting for himself. In other words, the third party considers the
agent to be the principal. The agent usually makes such representation as per instructions of the
principal or at times if he clearly wishes to bind himself only. The agent is held personally liable
in such cases, except in exceptional circumstances. Common Law however does not completely
exempt such Undisclosed Principal and imposes certain duties and liabilities in case of default and
also guarantees certain rights to him. This is an exception to the general rule of privity of contract.”
This paper aims to examine the position of common law on the liabilities of undisclosed Principal
through various case laws taking into consideration that common law forms the basis of dominant
legal systems and international principles in dealing with the matter. The author submits and
clarifies that this is not a exhaustive case law compilation but basic compilation with an aim to
clarify the position.

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 RESARCH OBJECTIVES
 This project deals with the principle of undisclosed principal in a contract of agency.
 It aims to examine the provisions under the law and also the rules which govern the rights
and liabilities of the undisclosed principal through various case laws taking into
consideration along with the rights of the undisclosed principal.

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 RESEARCH METHODOLOGY
The method of research I am opting, to complete this project, will be research from primary and
secondary sources, i.e. Doctrinaire Research Methodology. Major part of the project will be
researched articles and reports available in web databases, on the topic, by scholars on the subject.
Books, journals and commentaries will also be referred to.

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 TENTATIVE CHAPTERIZATION
The tentative chapterization that I assume I will be using is as follows:
1. Introduction.
2. Basics of the law on undisclosed principal.
3. Provisions under the Indian laws
4. Rights of undisclosed principal
5. Liabilities of principal against third parties
6. Conclusion.

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 LITERATURE SURVEY
The books, journals, articles and websites that I will be referring to are as follows:
‘Halsbury’s Laws of England’ Lexis Nexis, Butterworths (2008), JSTOR ,SCC, Hein Online,
Pollock and Mulla and the final project will contain all the relevant cases.

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