The Law of Agency in British IndiaW. H. Allen and Company, 1890 - 500 sider |
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accepted action agency agent agreement appears apply appointment Bank behalf bill of exchange bill of lading bind bottomry bought and sold bound broker Calc Calcutta cargo Chunder co-parcener commission common seal Company Contr Contract Act Cuckfield custom damages debt defendant defendant's delegate directors Doorga duty effect employed entered entitled evidence ex-parte execution express fact firm fraud given implied authority India insolvency joint judgment Kurta lien Lord Lord Chelmsford Lord Cottenham Lord Ellenborough Lordships master mortgage necessary notice ordinary owner paid particular partner partnership payment Pershad personally liable plaintiff Polygar possession power of attorney principal principal's promissory note purchase purpose question ratification received recover referred revocation rule seal sell ship signed Singh sold notes sub-agent sued suit third parties third person tion trade transaction undisclosed principal usage words
Populære avsnitt
Side 269 - Viet. c. 109, s. 18, it is enacted, that all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void ; and that no suit shall be brought or maintained in any court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made...
Side 58 - That an act done, for another, by a person, not assuming to act for himself, but for such other person, though without any precedent authority whatever, becomes the act of the principal, if subsequently ratified by him, is the known and well-established rule of law.
Side 107 - Strangers can only look to the acts of the parties, and to the external indicia of property, and not to the private communications which may pass between a principal and his broker : and if a person authorize another to assume the apparent right of disposing of property in the ordinary course of trade, it must be presumed that the apparent authority is the real authority.
Side 447 - Unquestionably no one can be made liable for an act or breach of duty, unless it be traceable to himself or his servant or servants in the course of his or their employment. Consequently, if an independent contractor is employed to do a lawful act, and in the course of the work he or his servants commit some casual act of wrong or negligence, the employer is not answerable.
Side 471 - In all these cases it may be said, as it was said here, that the master has not authorized the act. It is true, he has not authorized the particular act, but he has put the agent in his place to do that class of acts...
Side 20 - The general rule of law is that a corporation "contracts under its common seal: as a general rule, it is only in that way that a " corporation can express its will or do any act. That general rule, however, has from " the earliest traceable periods been subject to exceptions, the decisions as to which " furnish the principle on which they have been established, and are instances illustrat...
Side 20 - These exceptions apply to all contracts by trading corporations entered into for the purposes for which they are incorporated. A company can only carry on business by agents, — managers and others ; and if the contracts made by these persons are contracts which relate to objects and purposes of the company, and are not inconsistent with the rules and regulations which govern their acts, they are valid and binding upon the company, though not under seal.
Side 470 - The general rule is, that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit, though no express command or privity of the master be proved.
Side 458 - ... to do all those things on their behalf which are right and proper in the exigencies of their business, — all such things as somebody must make up his mind, on behalf of the company, whether they should be done or not ; and the fact that the company are absent, and the person is there to manage their affairs, is...
Side 3 - If a person would excuse himself from responsibility on the ground of agency, he must show that he disclosed his principal at the time of making the contract, and that he acted on his behalf, so as to enable the party with whom he deals to have recourse to the principal in case the agent had authority to bind him.