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Test: Difference Between Sub-Agent and Substituted Agent - Judiciary Exams MCQ


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10 Questions MCQ Test Civil Law for Judiciary Exams - Test: Difference Between Sub-Agent and Substituted Agent

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Test: Difference Between Sub-Agent and Substituted Agent - Question 1

According to the relationship between an original agent and a sub-agent as per the Indian Contract Act, which of the following statements is true?

Detailed Solution for Test: Difference Between Sub-Agent and Substituted Agent - Question 1
In the relationship between an original agent and a sub-agent as defined under the Indian Contract Act, the principal can directly sue the sub-agent for negligence according to Section 192 of the Indian Contract Act. This provision allows the principal to hold the sub-agent accountable in cases of negligence, thereby establishing a direct legal recourse for the principal in such situations.
Test: Difference Between Sub-Agent and Substituted Agent - Question 2

In the case of unauthorized appointment of a sub-agent by an agent, how is the liability distributed according to the Indian Contract Act?

Detailed Solution for Test: Difference Between Sub-Agent and Substituted Agent - Question 2
According to the Indian Contract Act, if an agent appoints a sub-agent without the proper authority to do so, the agent is considered a principal to the sub-agent. In this scenario, the principal bears full responsibility for both the actions of the sub-agent and any resulting contracts, treating it as if entered into personally by the principal. However, the unauthorized sub-agent is not seen as representing the principal and therefore cannot bind the principal through contracts.
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Test: Difference Between Sub-Agent and Substituted Agent - Question 3

What conditions must be met before an original agent can appoint a substituted agent according to Section 194 of the Indian Contract Act, 1872?

Detailed Solution for Test: Difference Between Sub-Agent and Substituted Agent - Question 3
According to Section 194 of the Indian Contract Act, 1872, before appointing a substituted agent, the original agent must ensure that the principal has authorized them to make such appointments and must assign someone to act on the principal's behalf in a specific area of the agency's business. This process establishes a direct relationship between the principal and the substituted agent, creating privity between them.
Test: Difference Between Sub-Agent and Substituted Agent - Question 4
What duty does Section 195 impose on the agent regarding the selection of a substitute agent?
Detailed Solution for Test: Difference Between Sub-Agent and Substituted Agent - Question 4
Section 195 imposes a duty on the agent to exercise the same level of care that a reasonable person would when selecting a substitute agent. This duty is crucial as it helps protect the agent from liability for any negligence or actions of the substitute agent. By selecting a substitute carefully and responsibly, the agent ensures that the principal's interests are safeguarded.
Test: Difference Between Sub-Agent and Substituted Agent - Question 5
According to Section 194 of the Indian Contract Act, 1872, what conditions must be met by the original agent before appointing a substituted agent?
Detailed Solution for Test: Difference Between Sub-Agent and Substituted Agent - Question 5
According to Section 194 of the Indian Contract Act, 1872, the original agent must meet two conditions before appointing a substituted agent: first, the principal must have authorized the original agent to make such appointments, and second, the original agent must assign someone to act on the principal's behalf in that specific area of the agency's business. This ensures that the substitution is made with the principal's consent and within the designated scope of authority.
Test: Difference Between Sub-Agent and Substituted Agent - Question 6
What duty does Section 195 impose on the agent concerning the selection of a substitute agent?
Detailed Solution for Test: Difference Between Sub-Agent and Substituted Agent - Question 6
Section 195 of the Indian Contract Act, 1872 imposes a duty on the agent to exercise the same level of care that a reasonable person would when selecting a substitute agent. This duty is crucial as it helps the agent safeguard themselves from liability for any negligence or actions of the substitute agent. By adhering to this standard of care, the agent ensures that a competent and reliable substitute is chosen, thereby protecting the interests of all parties involved.
Test: Difference Between Sub-Agent and Substituted Agent - Question 7
What distinguishes a sub-agent from a substituted agent in terms of control and direction within an agency relationship?
Detailed Solution for Test: Difference Between Sub-Agent and Substituted Agent - Question 7
In agency relationships, the primary agent maintains control over a sub-agent, who acts on behalf of the original agent. In contrast, a substituted agent is under the direct control of the principal. This distinction is crucial as it determines the chain of command and accountability within the agency structure.
Test: Difference Between Sub-Agent and Substituted Agent - Question 8
What is a key difference between the liability of a sub-agent and a substituted agent towards the principal in an agency relationship?
Detailed Solution for Test: Difference Between Sub-Agent and Substituted Agent - Question 8
The liability structure differs between a sub-agent and a substituted agent in an agency relationship. A sub-agent is accountable to the original agent for their conduct, breaches of duty, fraud, or intentional wrongs. They are indirectly responsible to the principal through the original agent. On the other hand, a substituted agent is directly liable to the principal for their actions, with potential liability for the original agent if negligence in selection occurred. This distinction is significant in understanding the legal implications and responsibilities of agents within an agency framework.
Test: Difference Between Sub-Agent and Substituted Agent - Question 9
What distinguishes the relationship between a sub-agent and the original agent from that of a substituted agent and the principal?
Detailed Solution for Test: Difference Between Sub-Agent and Substituted Agent - Question 9
The relationship between a sub-agent and the original agent differs from that of a substituted agent and the principal in terms of liability. A substituted agent is directly responsible to the principal for intentional wrongs and fraud, whereas a sub-agent is accountable to the original agent for such actions. This distinction underscores the varying levels of accountability and responsibility in agency relationships.
Test: Difference Between Sub-Agent and Substituted Agent - Question 10
How does the appointment process for a sub-agent contrast with that of a substituted agent?
Detailed Solution for Test: Difference Between Sub-Agent and Substituted Agent - Question 10
When comparing the appointment process, a key difference emerges between a sub-agent and a substituted agent. The appointment of a substituted agent necessitates explicit or implicit authorization from the principal, highlighting a direct relationship between the principal and the substituted agent in contrast to a sub-agent's appointment process. This distinction emphasizes the formal nature of the substituted agent's appointment, often for specialized tasks requiring unique skills.
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