Question 2 OR (c)

A delegate cannot further delegate: sub-agents

5 marks

Time to write: About 10 minutes

From an older CBCS paper

Question

Question 2 OR (c) · 5 marks

A delegate cannot further delegate. Elaborate this statement.

Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.

Before you write

Read off the question and its marks

10 minfor 5 marks

Read from the question

ElaborateMake it clear point by point, with a line of explanation each.

Write it in this order

Read; underline the asks; jot your points 1 min
1 The rule (section 190) 2 marks 2 min
2 Exceptions 2 marks 5 min
3 Conclusion 1 mark 1 min
Check: every ask answered, key terms underlined 1 min

123

Easy marks

The rule (section 190) (step 1, 2 marks): state the rule and its section exactly. It earns its marks before you apply it to the facts.

Short on time? Cut step 2 short rather than leave anything out.

Try it first. About 10 minutes for 5 marks. Write it out, then open the solution.

Solution

Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.

The rule. “An agent cannot lawfully employ another to perform acts which he has expressly or impliedly undertaken to perform personally” (s. 190). The agent is himself a delegate of the principal, and a delegate cannot further delegate: delegatus non potest delegare. The rule rests on the fiduciary character of agency, founded on the confidence the principal reposes in the agent. “A sub-agent is a person employed by, and acting under the control of, the original agent in the business of the agency” (s. 191).

Exceptions: an agent may appoint a sub-agent

where the ordinary custom of trade permits it, or the nature of the agency requires it;
where the terms of the original appointment contemplated it; and
where an emergency that could not have been foreseen arises in the course of the agency and makes delegation necessary.

Conclusion. The rule is that an agent must act personally; he may delegate only where custom, the nature of the work, the principal's authority or an unforeseen emergency allows. A sub-agent properly appointed binds the principal; one improperly appointed does not.

Where the 5 marks sit

#	Component	Marks
1	The rule (section 190)	2
2	Exceptions	2
3	Conclusion	1
	Total	5

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