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An agency relationship allows one person to act on behalf of another person in legal dealings with third parties. An agency can be terminated through several means, including revocation by the principal, renunciation by the agent, completion of the agency contract, death of the principal or agent, insanity of the principal or agent, expiration of a time limit in the agency contract, agreement between the principal and agent, or insolvency in some cases. An agency cannot be terminated if the agency is coupled with an interest of the agent, if the agent has incurred personal liability, or if the agent has partly exercised the authority already granted.
An agency relationship allows one person to act on behalf of another person in legal dealings with third parties. An agency can be terminated through several means, including revocation by the principal, renunciation by the agent, completion of the agency contract, death of the principal or agent, insanity of the principal or agent, expiration of a time limit in the agency contract, agreement between the principal and agent, or insolvency in some cases. An agency cannot be terminated if the agency is coupled with an interest of the agent, if the agent has incurred personal liability, or if the agent has partly exercised the authority already granted.
An agency relationship allows one person to act on behalf of another person in legal dealings with third parties. An agency can be terminated through several means, including revocation by the principal, renunciation by the agent, completion of the agency contract, death of the principal or agent, insanity of the principal or agent, expiration of a time limit in the agency contract, agreement between the principal and agent, or insolvency in some cases. An agency cannot be terminated if the agency is coupled with an interest of the agent, if the agent has incurred personal liability, or if the agent has partly exercised the authority already granted.
Agency means a relationship between one person and another, where the first
person brings the second mentioned person in a legal relationship with others. There are different modes of the creation of agency and termination of agency.
Termination of Agency
An agent is a person employed to do any act or enter into a contractual
relationship with others (third parties) on behalf of his principal. An agent acts as a connecting link between his principal and third parties.
While representing his principal, an agent acts in the same capacity as of his
principal. An agent is authorized by his principal to act on his behalf. An agent binds his principal legally in business transactions with third parties due to their agency relationship.
According to Section 201 of the Indian Contract Act, 1872, Termination of
agency takes place in the following circumstances: –
1. By revocation of authority by the principal.
2. By renunciation of his authority by the agent. 3. On the performance of the contract of agency. 4. On the death of either principal or agent. 5. By insanity of either principal or agent. 6. With the expiration of time period fixed for the contract of agency. 7. By an agreement made between the principal and his agent. 8. With the insolvency of principal or agent (in few cases). 9. When the principal and his agent is an incorporated company, by its dissolution 10. With the destruction of the subject matter. (section 56)
When an agency cannot be terminated or put an end to, it is said to
be an irrevocable agency in following cases:
1. Where the agency is coupled with interest. Where an agent
has an interest in the subject matter of the contract entered into by him with a third party, his authority is coupled with the interest. He has, in such case, the right to sue or be sued, but only to the extent of his interest. (sec 202) 2. Where the agent has incurred a personal liability. When an agent incurs personal liability, the agency becomes irrevocable. The principal cannot, in such case, withdraw leaving the agent exposed to the risk or liability he has already incurred. 3. Where the agent has partly exercised the authority: The principal cannot revoke the authority given to his agent after the authority has been partly exercised; so far as regards such acts and obligations as arise from the acts already done in agency.(Sec. 204)