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Direction: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.''
Section 182 defines an agent as a person employed to do any act for another or to represent another in dealings with third persons. The person for whom such act is done or who is so represented is called the principal. But every person, who does something for the other is not necessarily an agent; for example, a contractor employed to carry on some construction work is not necessarily the agent of the principal. A servant may be technically an agent of the master but he is not strictly an agent in as much as he has to act entirely under the orders of the master as to how anything needs to be done. An agent has more authority and independence to function in comparison to that of a servant.
An agent is a person, who acts for and on behalf of the principal and under the latter's express or implied authority and his acts done within such authority are binding on his principal and for his such acts, the principal is liable to the party with whom the agent has dealings as such agent.
An agent has authority to do all acts and things, which are expressly given to him but he has also implied authority to do all acts which are incidental to the main powers. S. 189 of the Indian Contract Act, 1872 provides that an agent also has powers to do all acts for the purpose of protecting the principal in emergency as would be done by a man of prudence in his own case. An agency can be granted orally or through writing and it can also be created through subsequent ratification of the acts done by one person for the other.
A sub-agent is a person employed by and acting under the control of the original agent in the agency business. An agent cannot lawfully employ another person to perform acts which he has expressly or impliedly undertaken to perform personally unless by ordinary custom of trade a sub-agent may or from the nature of the agency a sub-agent must be employed. The principal is liable for the acts of the sub-agent.
A sub-agent cannot be appointed ordinarily by the agent without the express or implied consent of the principal. When a sub-agent is appointed with the consent of the principal, he is, as regards the third persons, represented by the sub-agent also and is bound by and responsible for the acts of the sub-agent as if he were an agent ordinarily appointed by the principal. The principal is not responsible for the acts of the sub-agent if the sub-agent is appointed without his consent.
Q. Mr X appointed Mr Y as an agent only for the purpose of procuring goods from Mr Z. As Mr Y was having a hectic schedule, Mr Y employed Mr. U without the consent of Mr X as an agent to procure goods from Mr Z. Mr U did a grave mistake resulting in a financial loss of Mr Z. Mr Z now wants compensation from Mr X. Decide.
  • a)
    Mr X won't be liable to give compensation as Mr U is not the agent of Mr X.
  • b)
    Mr X won't be liable to pay compensation as Mr U was employed in the same work as of Mr Y.
  • c)
    Mr U will be personally liable to pay compensation for his acts as he is a sub-agent.
  • d)
    Mr X will be liable for paying compensation as he is the principal of the sub-agent.
Correct answer is option 'A'. Can you explain this answer?
Verified Answer
Direction:The question is based on the reasoning and arguments, or fac...
Mr. U was employed without the consent of Mr. X. Hence, in instant case, no liability can be imposed on Mr. X.
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Directions:The question is based on the reasoning and arguments or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The Specific Relief Act provides for specific reliefs. Specific relief means relief of certain species, i.e. an exact or particular, a named, fixed or determined relief. The term is generally understood as providing relief of a specific kind rather than a general relief or damages or compensation. It is a remedy which aims at the exact fulfilment of an obligation or specific performance of the contract, i.e if some body unlawfully dispossesses someone of his property, the general relief may be requiring the defendant to pay the other party compensation equivalent to the loss suffered by him due to dispossession. Specific relief may enable to have the possession of the same property over again by requiring the defendant to restore possession of the property. Specific performance is generally granted when there exists no standard for ascertaining actual damage, say, there is sale of picture by the dead painter, or where compensation in money will not provide adequate relief to the plaintiff. S. 10 of the Act provides the conditions where the specific performance of contract is enforceable. According to it, the specific performance of any contract may, in the discretion of the court, be enforced when there exists no standard for ascertaining the actual damage caused by the non-performance of the act agreed to be done or when the act agreed to be done is such that compensation in money for its non-performance would not afford adequate relief. But in the exercise of this discretion, the court is governed by certain principles. The explanation to the section states that the court in case of immovable property shall presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money; and that the breach of a contract to transfer movable property can be so relieved except in the cases where the property is not an ordinary article of commerce, or is of special value or interest to the person, or consists of goods which are not easily obtainable in the market; or where the property is held by the defendant as the agent or trustee of the plaintiff. It would be burden of defendants to demonstrate that the breach can be adequately compensated. Section 11(2) of the Specific Relief Act, 1963 provides that a contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced. Also, the contract to be specifically enforced must be mutual. The doctrine of mutuality means that the contract must be mutually enforceable by each party against the other. It does not, however, mean that for every right there must be corresponding clause. A contract may contain series of clauses and covenants which form the total bargain between the parties, and each of them is the consideration for the other. It means each party to the contract must have the freedom to enforce his right under the contract against each other.Q.X contracts with Y (aged 17 years) for purchasing Ys online game character for $9999. Y agreed to the same; however, he later refused to sell. X sued Y for the same. Decide.

Directions:The question is based on the reasoning and arguments or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The Specific Relief Act provides for specific reliefs. Specific relief means relief of certain species, i.e. an exact or particular, a named, fixed or determined relief. The term is generally understood as providing relief of a specific kind rather than a general relief or damages or compensation. It is a remedy which aims at the exact fulfilment of an obligation or specific performance of the contract, i.e if some body unlawfully dispossesses someone of his property, the general relief may be requiring the defendant to pay the other party compensation equivalent to the loss suffered by him due to dispossession. Specific relief may enable to have the possession of the same property over again by requiring the defendant to restore possession of the property. Specific performance is generally granted when there exists no standard for ascertaining actual damage, say, there is sale of picture by the dead painter, or where compensation in money will not provide adequate relief to the plaintiff. S. 10 of the Act provides the conditions where the specific performance of contract is enforceable. According to it, the specific performance of any contract may, in the discretion of the court, be enforced when there exists no standard for ascertaining the actual damage caused by the non-performance of the act agreed to be done or when the act agreed to be done is such that compensation in money for its non-performance would not afford adequate relief. But in the exercise of this discretion, the court is governed by certain principles. The explanation to the section states that the court in case of immovable property shall presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money; and that the breach of a contract to transfer movable property can be so relieved except in the cases where the property is not an ordinary article of commerce, or is of special value or interest to the person, or consists of goods which are not easily obtainable in the market; or where the property is held by the defendant as the agent or trustee of the plaintiff. It would be burden of defendants to demonstrate that the breach can be adequately compensated. Section 11(2) of the Specific Relief Act, 1963 provides that a contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced. Also, the contract to be specifically enforced must be mutual. The doctrine of mutuality means that the contract must be mutually enforceable by each party against the other. It does not, however, mean that for every right there must be corresponding clause. A contract may contain series of clauses and covenants which form the total bargain between the parties, and each of them is the consideration for the other. It means each party to the contract must have the freedom to enforce his right under the contract against each other.Q.X contracted to sell his 10 acres land to Y and also promised to pay Y $50,000 in default, to which Y agreed. X got a better deal from Z [a multimillionaire], who wanted to set up an industry on 4 acres of land of X for the same amount Y was paying for the whole of land. X did not reveal the same to Y and sold 4 acres to Z. Y demanded for specific performance of the contract between X and Y.

The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.A milk company, selling Parag milk packets of 500 ml, actually delivers only 400 ml through its retailer. The buyer wants compensation. Decide.

Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The amendments to the Motor Vehicle Act were passed by the Parliament recently, but most have come into effect from September 01, 2019 vide the Motor Vehicles (Amendment) Act, 2019. This means that driving errors are going to make a huge dent in peoples monthly budget and some of them may cost the same or more than some peoples monthly fuel bill. The transport ministry issued a notification dated August 28, listing out all the laws that have come into effect from September 01, 2019. Here is a list of the important new motor vehicle laws that have come into effect from September 01, 2019, according to the transport ministrys press release.The new Motor Vehicles Act has enhanced the penalties for driving errors. According to the transport ministrys press release explaining the summary of changes in the Motor Vehicle Act, it has enhanced penalty for offences where no penalty is specifically provided for first offence from up to Rs. 100 to Rs. 500 and second/subsequent offence from up to Rs. 300 to Rs. 1,500. Additionally, new penalties have been introduced in case of violation of road regulations. The new penalty can be between Rs. 500 and Rs. 1,000. Starting from September 1, if a person wishes to change his/her residence address or place of business in his/her driving licence, then the same can be done online and you can apply for this to any registering authority within that persons state. Giving keys of a vehicle to a minor child will become an expensive affair from September 1. As per the new law, if a motor vehicle is used by the child, then the registration of that vehicle may be cancelled for one year. Once the period of one year is over, such person will have to submit a fresh application for the registration of his/her vehicle. As per newly inserted Sections 199A and 199B of the Act, owners of such vehicles will be fined a sum of Rs. 25,000 and will face imprisonment of up to three years. As for the minor child, he will not be able to get his learners licence till the age of 25. As per the Act, there will be an annual increase of these fines by up to 10 percent.Q.Mr. A was found driving his car above the speed limit prescribed in the area on August 28, 2019, i.e. the date on which the Motor Vehicles (Amendment) Act, 2019 was notified. However, Mr. A had no information about such notification. What is the amount of penalty that Mr. A would be liable to pay?

Since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LAAR) came into force in 2013, Section 24(2) of the Act has been mired in controversy. Section 24(2) states that in case of land acquisition proceedings, if a developer fails to take possession of land acquired under the old laws for five years, or if compensation is not paid to the owner, the land acquisition process would lapse. The process would then have to be re-initiated under LAAR, which would allow the owner to get better compensation.In 2014, a three-judge bench of the apex court held that acquisition proceedings initiated under the 1894 Act, which were initiated five years before the 2013 law was enacted, would lapse if the land in question was not taken control of, or if compensation was not paid to the land-owners. However, in 2018, another three-judge bench declared the previous judgment per incuriam. This happens when a judgment does not follow a statutory provision or a binding precedent that may have been relevant. In such scenarios, a judgment can be declared to be without any legal force and hence not treated as a valid precedent. The fresh judgment held that if a landowner refuses to accept the compensation offered by the developer, they cannot take advantage of their own wrongdoing and have the acquisition proceedings lapse under the old law. This came as a relief for developers.Days after the 2018 judgment, another three-judge bench stayed the operation of the 2018 judgment and directed the high courts across the country to not decide any case on the basis of the new ruling, and requested apex court judges to defer hearing and not pass any orders in other cases pending before the Supreme Court. This bench essentially took objection to the 2018 three-judge bench overruling a precedent laid down by a coordinate bench, because in common law, judgments by larger benches or those with equal number of judges are binding on other benches. Hence, a three-judge bench cannot override the judgment of another three-judge bench. It can only record its difference of opinion and request for the case to be considered by a larger bench, to set a binding precedent.The controversy now revolves around Justice Arun Mishra heading the five-judge Constitution bench that would settle the precedent, since he was part of the 2018 bench that overruled the 2014 judgment. Since the announcement, two farmer associations have already written to the CJI, objecting to Justice Mishra hearing the matter, despite him having already expressed his opinion in the 2018 judgment. In their letters, the All India Farmer Association and the Delhi Gramin Samaj have highlighted the fact that Justice Mishra would have a conflict of interest in deciding the case.Q. Prestige Developers wish to develop a residential colony named “Song of the East”. In order to materialize this objective, the entity purchased land from the farmers in the area in 2009. The farmers were duly and adequately compensated in accordance with the market price. However, the possession of the land was taken in the year 2012 by the Developers and in 2015, they commenced the construction activity. In context of the 2014 judgment of the apex court which of the following would be true?

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Direction:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Section 182 defines an agent as a person employed to do any act for another or to represent another in dealings with third persons. The person for whom such act is done or who is so represented is called the principal. But every person, who does something for the other is not necessarily an agent; for example, a contractor employed to carry on some construction work is not necessarily the agent of the principal. A servant may be technically an agent of the master but he is not strictly an agent in as much as he has to act entirely under the orders of the master as to how anything needs to be done. An agent has more authority and independence to function in comparison to that of a servant.An agent is a person, who acts for and on behalf of the principal and under the latters express or implied authority and his acts done within such authority are binding on his principal and for his such acts, the principal is liable to the party with whom the agent has dealings as such agent.An agent has authority to do all acts and things, which are expressly given to him but he has also implied authority to do all acts which are incidental to the main powers. S. 189 of the Indian Contract Act, 1872 provides that an agent also has powers to do all acts for the purpose of protecting the principal in emergency as would be done by a man of prudence in his own case. An agency can be granted orally or through writing and it can also be created through subsequent ratification of the acts done by one person for the other.A sub-agent is a person employed by and acting under the control of the original agent in the agency business. An agent cannot lawfully employ another person to perform acts which he has expressly or impliedly undertaken to perform personally unless by ordinary custom of trade a sub-agent may or from the nature of the agency a sub-agent must be employed. The principal is liable for the acts of the sub-agent.A sub-agent cannot be appointed ordinarily by the agent without the express or implied consent of the principal. When a sub-agent is appointed with the consent of the principal, he is, as regards the third persons, represented by the sub-agent also and is bound by and responsible for the acts of the sub-agent as if he were an agent ordinarily appointed by the principal. The principal is not responsible for the acts of the sub-agent if the sub-agent is appointed without his consent.Q.Mr X appointed Mr Y as an agent only for the purpose of procuring goods from Mr Z. As Mr Y was having a hectic schedule, Mr Y employed Mr. U without the consent of Mr X as an agent to procure goods from Mr Z. Mr U did a grave mistake resulting in a financial loss of Mr Z. Mr Z now wants compensation from Mr X. Decide.a)Mr X wont be liable to give compensation as Mr U is not the agent of Mr X.b)Mr X wont be liable to pay compensation as Mr U was employed in the same work as of Mr Y.c)Mr U will be personally liable to pay compensation for his acts as he is a sub-agent.d)Mr X will be liable for paying compensation as he is the principal of the sub-agent.Correct answer is option 'A'. Can you explain this answer?
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Direction:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Section 182 defines an agent as a person employed to do any act for another or to represent another in dealings with third persons. The person for whom such act is done or who is so represented is called the principal. But every person, who does something for the other is not necessarily an agent; for example, a contractor employed to carry on some construction work is not necessarily the agent of the principal. A servant may be technically an agent of the master but he is not strictly an agent in as much as he has to act entirely under the orders of the master as to how anything needs to be done. An agent has more authority and independence to function in comparison to that of a servant.An agent is a person, who acts for and on behalf of the principal and under the latters express or implied authority and his acts done within such authority are binding on his principal and for his such acts, the principal is liable to the party with whom the agent has dealings as such agent.An agent has authority to do all acts and things, which are expressly given to him but he has also implied authority to do all acts which are incidental to the main powers. S. 189 of the Indian Contract Act, 1872 provides that an agent also has powers to do all acts for the purpose of protecting the principal in emergency as would be done by a man of prudence in his own case. An agency can be granted orally or through writing and it can also be created through subsequent ratification of the acts done by one person for the other.A sub-agent is a person employed by and acting under the control of the original agent in the agency business. An agent cannot lawfully employ another person to perform acts which he has expressly or impliedly undertaken to perform personally unless by ordinary custom of trade a sub-agent may or from the nature of the agency a sub-agent must be employed. The principal is liable for the acts of the sub-agent.A sub-agent cannot be appointed ordinarily by the agent without the express or implied consent of the principal. When a sub-agent is appointed with the consent of the principal, he is, as regards the third persons, represented by the sub-agent also and is bound by and responsible for the acts of the sub-agent as if he were an agent ordinarily appointed by the principal. The principal is not responsible for the acts of the sub-agent if the sub-agent is appointed without his consent.Q.Mr X appointed Mr Y as an agent only for the purpose of procuring goods from Mr Z. As Mr Y was having a hectic schedule, Mr Y employed Mr. U without the consent of Mr X as an agent to procure goods from Mr Z. Mr U did a grave mistake resulting in a financial loss of Mr Z. Mr Z now wants compensation from Mr X. Decide.a)Mr X wont be liable to give compensation as Mr U is not the agent of Mr X.b)Mr X wont be liable to pay compensation as Mr U was employed in the same work as of Mr Y.c)Mr U will be personally liable to pay compensation for his acts as he is a sub-agent.d)Mr X will be liable for paying compensation as he is the principal of the sub-agent.Correct answer is option 'A'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Direction:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Section 182 defines an agent as a person employed to do any act for another or to represent another in dealings with third persons. The person for whom such act is done or who is so represented is called the principal. But every person, who does something for the other is not necessarily an agent; for example, a contractor employed to carry on some construction work is not necessarily the agent of the principal. A servant may be technically an agent of the master but he is not strictly an agent in as much as he has to act entirely under the orders of the master as to how anything needs to be done. An agent has more authority and independence to function in comparison to that of a servant.An agent is a person, who acts for and on behalf of the principal and under the latters express or implied authority and his acts done within such authority are binding on his principal and for his such acts, the principal is liable to the party with whom the agent has dealings as such agent.An agent has authority to do all acts and things, which are expressly given to him but he has also implied authority to do all acts which are incidental to the main powers. S. 189 of the Indian Contract Act, 1872 provides that an agent also has powers to do all acts for the purpose of protecting the principal in emergency as would be done by a man of prudence in his own case. An agency can be granted orally or through writing and it can also be created through subsequent ratification of the acts done by one person for the other.A sub-agent is a person employed by and acting under the control of the original agent in the agency business. An agent cannot lawfully employ another person to perform acts which he has expressly or impliedly undertaken to perform personally unless by ordinary custom of trade a sub-agent may or from the nature of the agency a sub-agent must be employed. The principal is liable for the acts of the sub-agent.A sub-agent cannot be appointed ordinarily by the agent without the express or implied consent of the principal. When a sub-agent is appointed with the consent of the principal, he is, as regards the third persons, represented by the sub-agent also and is bound by and responsible for the acts of the sub-agent as if he were an agent ordinarily appointed by the principal. The principal is not responsible for the acts of the sub-agent if the sub-agent is appointed without his consent.Q.Mr X appointed Mr Y as an agent only for the purpose of procuring goods from Mr Z. As Mr Y was having a hectic schedule, Mr Y employed Mr. U without the consent of Mr X as an agent to procure goods from Mr Z. Mr U did a grave mistake resulting in a financial loss of Mr Z. Mr Z now wants compensation from Mr X. Decide.a)Mr X wont be liable to give compensation as Mr U is not the agent of Mr X.b)Mr X wont be liable to pay compensation as Mr U was employed in the same work as of Mr Y.c)Mr U will be personally liable to pay compensation for his acts as he is a sub-agent.d)Mr X will be liable for paying compensation as he is the principal of the sub-agent.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Direction:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Section 182 defines an agent as a person employed to do any act for another or to represent another in dealings with third persons. The person for whom such act is done or who is so represented is called the principal. But every person, who does something for the other is not necessarily an agent; for example, a contractor employed to carry on some construction work is not necessarily the agent of the principal. A servant may be technically an agent of the master but he is not strictly an agent in as much as he has to act entirely under the orders of the master as to how anything needs to be done. An agent has more authority and independence to function in comparison to that of a servant.An agent is a person, who acts for and on behalf of the principal and under the latters express or implied authority and his acts done within such authority are binding on his principal and for his such acts, the principal is liable to the party with whom the agent has dealings as such agent.An agent has authority to do all acts and things, which are expressly given to him but he has also implied authority to do all acts which are incidental to the main powers. S. 189 of the Indian Contract Act, 1872 provides that an agent also has powers to do all acts for the purpose of protecting the principal in emergency as would be done by a man of prudence in his own case. An agency can be granted orally or through writing and it can also be created through subsequent ratification of the acts done by one person for the other.A sub-agent is a person employed by and acting under the control of the original agent in the agency business. An agent cannot lawfully employ another person to perform acts which he has expressly or impliedly undertaken to perform personally unless by ordinary custom of trade a sub-agent may or from the nature of the agency a sub-agent must be employed. The principal is liable for the acts of the sub-agent.A sub-agent cannot be appointed ordinarily by the agent without the express or implied consent of the principal. When a sub-agent is appointed with the consent of the principal, he is, as regards the third persons, represented by the sub-agent also and is bound by and responsible for the acts of the sub-agent as if he were an agent ordinarily appointed by the principal. The principal is not responsible for the acts of the sub-agent if the sub-agent is appointed without his consent.Q.Mr X appointed Mr Y as an agent only for the purpose of procuring goods from Mr Z. As Mr Y was having a hectic schedule, Mr Y employed Mr. U without the consent of Mr X as an agent to procure goods from Mr Z. Mr U did a grave mistake resulting in a financial loss of Mr Z. Mr Z now wants compensation from Mr X. Decide.a)Mr X wont be liable to give compensation as Mr U is not the agent of Mr X.b)Mr X wont be liable to pay compensation as Mr U was employed in the same work as of Mr Y.c)Mr U will be personally liable to pay compensation for his acts as he is a sub-agent.d)Mr X will be liable for paying compensation as he is the principal of the sub-agent.Correct answer is option 'A'. Can you explain this answer?.
Solutions for Direction:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Section 182 defines an agent as a person employed to do any act for another or to represent another in dealings with third persons. The person for whom such act is done or who is so represented is called the principal. But every person, who does something for the other is not necessarily an agent; for example, a contractor employed to carry on some construction work is not necessarily the agent of the principal. A servant may be technically an agent of the master but he is not strictly an agent in as much as he has to act entirely under the orders of the master as to how anything needs to be done. An agent has more authority and independence to function in comparison to that of a servant.An agent is a person, who acts for and on behalf of the principal and under the latters express or implied authority and his acts done within such authority are binding on his principal and for his such acts, the principal is liable to the party with whom the agent has dealings as such agent.An agent has authority to do all acts and things, which are expressly given to him but he has also implied authority to do all acts which are incidental to the main powers. S. 189 of the Indian Contract Act, 1872 provides that an agent also has powers to do all acts for the purpose of protecting the principal in emergency as would be done by a man of prudence in his own case. An agency can be granted orally or through writing and it can also be created through subsequent ratification of the acts done by one person for the other.A sub-agent is a person employed by and acting under the control of the original agent in the agency business. An agent cannot lawfully employ another person to perform acts which he has expressly or impliedly undertaken to perform personally unless by ordinary custom of trade a sub-agent may or from the nature of the agency a sub-agent must be employed. The principal is liable for the acts of the sub-agent.A sub-agent cannot be appointed ordinarily by the agent without the express or implied consent of the principal. When a sub-agent is appointed with the consent of the principal, he is, as regards the third persons, represented by the sub-agent also and is bound by and responsible for the acts of the sub-agent as if he were an agent ordinarily appointed by the principal. The principal is not responsible for the acts of the sub-agent if the sub-agent is appointed without his consent.Q.Mr X appointed Mr Y as an agent only for the purpose of procuring goods from Mr Z. As Mr Y was having a hectic schedule, Mr Y employed Mr. U without the consent of Mr X as an agent to procure goods from Mr Z. Mr U did a grave mistake resulting in a financial loss of Mr Z. Mr Z now wants compensation from Mr X. Decide.a)Mr X wont be liable to give compensation as Mr U is not the agent of Mr X.b)Mr X wont be liable to pay compensation as Mr U was employed in the same work as of Mr Y.c)Mr U will be personally liable to pay compensation for his acts as he is a sub-agent.d)Mr X will be liable for paying compensation as he is the principal of the sub-agent.Correct answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Direction:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Section 182 defines an agent as a person employed to do any act for another or to represent another in dealings with third persons. The person for whom such act is done or who is so represented is called the principal. But every person, who does something for the other is not necessarily an agent; for example, a contractor employed to carry on some construction work is not necessarily the agent of the principal. A servant may be technically an agent of the master but he is not strictly an agent in as much as he has to act entirely under the orders of the master as to how anything needs to be done. An agent has more authority and independence to function in comparison to that of a servant.An agent is a person, who acts for and on behalf of the principal and under the latters express or implied authority and his acts done within such authority are binding on his principal and for his such acts, the principal is liable to the party with whom the agent has dealings as such agent.An agent has authority to do all acts and things, which are expressly given to him but he has also implied authority to do all acts which are incidental to the main powers. S. 189 of the Indian Contract Act, 1872 provides that an agent also has powers to do all acts for the purpose of protecting the principal in emergency as would be done by a man of prudence in his own case. An agency can be granted orally or through writing and it can also be created through subsequent ratification of the acts done by one person for the other.A sub-agent is a person employed by and acting under the control of the original agent in the agency business. An agent cannot lawfully employ another person to perform acts which he has expressly or impliedly undertaken to perform personally unless by ordinary custom of trade a sub-agent may or from the nature of the agency a sub-agent must be employed. The principal is liable for the acts of the sub-agent.A sub-agent cannot be appointed ordinarily by the agent without the express or implied consent of the principal. When a sub-agent is appointed with the consent of the principal, he is, as regards the third persons, represented by the sub-agent also and is bound by and responsible for the acts of the sub-agent as if he were an agent ordinarily appointed by the principal. The principal is not responsible for the acts of the sub-agent if the sub-agent is appointed without his consent.Q.Mr X appointed Mr Y as an agent only for the purpose of procuring goods from Mr Z. As Mr Y was having a hectic schedule, Mr Y employed Mr. U without the consent of Mr X as an agent to procure goods from Mr Z. Mr U did a grave mistake resulting in a financial loss of Mr Z. Mr Z now wants compensation from Mr X. Decide.a)Mr X wont be liable to give compensation as Mr U is not the agent of Mr X.b)Mr X wont be liable to pay compensation as Mr U was employed in the same work as of Mr Y.c)Mr U will be personally liable to pay compensation for his acts as he is a sub-agent.d)Mr X will be liable for paying compensation as he is the principal of the sub-agent.Correct answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Direction:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Section 182 defines an agent as a person employed to do any act for another or to represent another in dealings with third persons. The person for whom such act is done or who is so represented is called the principal. But every person, who does something for the other is not necessarily an agent; for example, a contractor employed to carry on some construction work is not necessarily the agent of the principal. A servant may be technically an agent of the master but he is not strictly an agent in as much as he has to act entirely under the orders of the master as to how anything needs to be done. An agent has more authority and independence to function in comparison to that of a servant.An agent is a person, who acts for and on behalf of the principal and under the latters express or implied authority and his acts done within such authority are binding on his principal and for his such acts, the principal is liable to the party with whom the agent has dealings as such agent.An agent has authority to do all acts and things, which are expressly given to him but he has also implied authority to do all acts which are incidental to the main powers. S. 189 of the Indian Contract Act, 1872 provides that an agent also has powers to do all acts for the purpose of protecting the principal in emergency as would be done by a man of prudence in his own case. An agency can be granted orally or through writing and it can also be created through subsequent ratification of the acts done by one person for the other.A sub-agent is a person employed by and acting under the control of the original agent in the agency business. An agent cannot lawfully employ another person to perform acts which he has expressly or impliedly undertaken to perform personally unless by ordinary custom of trade a sub-agent may or from the nature of the agency a sub-agent must be employed. The principal is liable for the acts of the sub-agent.A sub-agent cannot be appointed ordinarily by the agent without the express or implied consent of the principal. When a sub-agent is appointed with the consent of the principal, he is, as regards the third persons, represented by the sub-agent also and is bound by and responsible for the acts of the sub-agent as if he were an agent ordinarily appointed by the principal. The principal is not responsible for the acts of the sub-agent if the sub-agent is appointed without his consent.Q.Mr X appointed Mr Y as an agent only for the purpose of procuring goods from Mr Z. As Mr Y was having a hectic schedule, Mr Y employed Mr. U without the consent of Mr X as an agent to procure goods from Mr Z. Mr U did a grave mistake resulting in a financial loss of Mr Z. Mr Z now wants compensation from Mr X. Decide.a)Mr X wont be liable to give compensation as Mr U is not the agent of Mr X.b)Mr X wont be liable to pay compensation as Mr U was employed in the same work as of Mr Y.c)Mr U will be personally liable to pay compensation for his acts as he is a sub-agent.d)Mr X will be liable for paying compensation as he is the principal of the sub-agent.Correct answer is option 'A'. Can you explain this answer?, a detailed solution for Direction:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Section 182 defines an agent as a person employed to do any act for another or to represent another in dealings with third persons. The person for whom such act is done or who is so represented is called the principal. But every person, who does something for the other is not necessarily an agent; for example, a contractor employed to carry on some construction work is not necessarily the agent of the principal. A servant may be technically an agent of the master but he is not strictly an agent in as much as he has to act entirely under the orders of the master as to how anything needs to be done. An agent has more authority and independence to function in comparison to that of a servant.An agent is a person, who acts for and on behalf of the principal and under the latters express or implied authority and his acts done within such authority are binding on his principal and for his such acts, the principal is liable to the party with whom the agent has dealings as such agent.An agent has authority to do all acts and things, which are expressly given to him but he has also implied authority to do all acts which are incidental to the main powers. S. 189 of the Indian Contract Act, 1872 provides that an agent also has powers to do all acts for the purpose of protecting the principal in emergency as would be done by a man of prudence in his own case. An agency can be granted orally or through writing and it can also be created through subsequent ratification of the acts done by one person for the other.A sub-agent is a person employed by and acting under the control of the original agent in the agency business. An agent cannot lawfully employ another person to perform acts which he has expressly or impliedly undertaken to perform personally unless by ordinary custom of trade a sub-agent may or from the nature of the agency a sub-agent must be employed. The principal is liable for the acts of the sub-agent.A sub-agent cannot be appointed ordinarily by the agent without the express or implied consent of the principal. When a sub-agent is appointed with the consent of the principal, he is, as regards the third persons, represented by the sub-agent also and is bound by and responsible for the acts of the sub-agent as if he were an agent ordinarily appointed by the principal. The principal is not responsible for the acts of the sub-agent if the sub-agent is appointed without his consent.Q.Mr X appointed Mr Y as an agent only for the purpose of procuring goods from Mr Z. As Mr Y was having a hectic schedule, Mr Y employed Mr. U without the consent of Mr X as an agent to procure goods from Mr Z. Mr U did a grave mistake resulting in a financial loss of Mr Z. Mr Z now wants compensation from Mr X. Decide.a)Mr X wont be liable to give compensation as Mr U is not the agent of Mr X.b)Mr X wont be liable to pay compensation as Mr U was employed in the same work as of Mr Y.c)Mr U will be personally liable to pay compensation for his acts as he is a sub-agent.d)Mr X will be liable for paying compensation as he is the principal of the sub-agent.Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of Direction:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Section 182 defines an agent as a person employed to do any act for another or to represent another in dealings with third persons. The person for whom such act is done or who is so represented is called the principal. But every person, who does something for the other is not necessarily an agent; for example, a contractor employed to carry on some construction work is not necessarily the agent of the principal. A servant may be technically an agent of the master but he is not strictly an agent in as much as he has to act entirely under the orders of the master as to how anything needs to be done. An agent has more authority and independence to function in comparison to that of a servant.An agent is a person, who acts for and on behalf of the principal and under the latters express or implied authority and his acts done within such authority are binding on his principal and for his such acts, the principal is liable to the party with whom the agent has dealings as such agent.An agent has authority to do all acts and things, which are expressly given to him but he has also implied authority to do all acts which are incidental to the main powers. S. 189 of the Indian Contract Act, 1872 provides that an agent also has powers to do all acts for the purpose of protecting the principal in emergency as would be done by a man of prudence in his own case. An agency can be granted orally or through writing and it can also be created through subsequent ratification of the acts done by one person for the other.A sub-agent is a person employed by and acting under the control of the original agent in the agency business. An agent cannot lawfully employ another person to perform acts which he has expressly or impliedly undertaken to perform personally unless by ordinary custom of trade a sub-agent may or from the nature of the agency a sub-agent must be employed. The principal is liable for the acts of the sub-agent.A sub-agent cannot be appointed ordinarily by the agent without the express or implied consent of the principal. When a sub-agent is appointed with the consent of the principal, he is, as regards the third persons, represented by the sub-agent also and is bound by and responsible for the acts of the sub-agent as if he were an agent ordinarily appointed by the principal. The principal is not responsible for the acts of the sub-agent if the sub-agent is appointed without his consent.Q.Mr X appointed Mr Y as an agent only for the purpose of procuring goods from Mr Z. As Mr Y was having a hectic schedule, Mr Y employed Mr. U without the consent of Mr X as an agent to procure goods from Mr Z. Mr U did a grave mistake resulting in a financial loss of Mr Z. Mr Z now wants compensation from Mr X. Decide.a)Mr X wont be liable to give compensation as Mr U is not the agent of Mr X.b)Mr X wont be liable to pay compensation as Mr U was employed in the same work as of Mr Y.c)Mr U will be personally liable to pay compensation for his acts as he is a sub-agent.d)Mr X will be liable for paying compensation as he is the principal of the sub-agent.Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Direction:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Section 182 defines an agent as a person employed to do any act for another or to represent another in dealings with third persons. The person for whom such act is done or who is so represented is called the principal. But every person, who does something for the other is not necessarily an agent; for example, a contractor employed to carry on some construction work is not necessarily the agent of the principal. A servant may be technically an agent of the master but he is not strictly an agent in as much as he has to act entirely under the orders of the master as to how anything needs to be done. An agent has more authority and independence to function in comparison to that of a servant.An agent is a person, who acts for and on behalf of the principal and under the latters express or implied authority and his acts done within such authority are binding on his principal and for his such acts, the principal is liable to the party with whom the agent has dealings as such agent.An agent has authority to do all acts and things, which are expressly given to him but he has also implied authority to do all acts which are incidental to the main powers. S. 189 of the Indian Contract Act, 1872 provides that an agent also has powers to do all acts for the purpose of protecting the principal in emergency as would be done by a man of prudence in his own case. An agency can be granted orally or through writing and it can also be created through subsequent ratification of the acts done by one person for the other.A sub-agent is a person employed by and acting under the control of the original agent in the agency business. An agent cannot lawfully employ another person to perform acts which he has expressly or impliedly undertaken to perform personally unless by ordinary custom of trade a sub-agent may or from the nature of the agency a sub-agent must be employed. The principal is liable for the acts of the sub-agent.A sub-agent cannot be appointed ordinarily by the agent without the express or implied consent of the principal. When a sub-agent is appointed with the consent of the principal, he is, as regards the third persons, represented by the sub-agent also and is bound by and responsible for the acts of the sub-agent as if he were an agent ordinarily appointed by the principal. The principal is not responsible for the acts of the sub-agent if the sub-agent is appointed without his consent.Q.Mr X appointed Mr Y as an agent only for the purpose of procuring goods from Mr Z. As Mr Y was having a hectic schedule, Mr Y employed Mr. U without the consent of Mr X as an agent to procure goods from Mr Z. Mr U did a grave mistake resulting in a financial loss of Mr Z. Mr Z now wants compensation from Mr X. Decide.a)Mr X wont be liable to give compensation as Mr U is not the agent of Mr X.b)Mr X wont be liable to pay compensation as Mr U was employed in the same work as of Mr Y.c)Mr U will be personally liable to pay compensation for his acts as he is a sub-agent.d)Mr X will be liable for paying compensation as he is the principal of the sub-agent.Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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