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The Indian Contract Act, 1872: page 46
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(b) A consigns 1,000 bales of cotton to B, who has made advances to him on such cotton, and desires B to sell the cotton,
and to repay himself out of the price, the amount of his own advances. A cannot revoke this authority, nor is it terminated by his
insanity or death.
203.When principal may revoke agent’s authority.—The principal may, save as is otherwise
provided by the last preceding section, revoke the authority given to his agent at any time before the
authority has been exercised so as to bind the principal.
204.Revocation where authority has been partly exercised.—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 acts already done in the agency.
Illustrations
(a)A authorizes B to buy 1,000 bales of cotton on account of A, and to pay for it out of A’s moneys remaining in B’s hands.
B buys 1,000 bales of cotton in his own name, so as to make himself personally liable for the price. A cannot revoke B’s
authority so far as regards payment for the cotton.
(b) A authorizes B to buy 1,000 bales of cotton on account of A, and to pay for it out of A’s moneys remaining in B’s hands.
B buys 1,000 bales of cotton in A’s name, and so as not to render himself personally liable for the price. A can revoke B’s
authority to pay for the cotton.
205.Compensation for revocation by principal, or renunciation by agent.—Where there is an
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od
express or implied contract that the agency should be continued for any period of time, the principal must
make compensation to the agent, or the agent to the principal, as the case may be, for any previous
revocation or renunciation of the agency without sufficient cause. aC
206. Notice of revocation or renunciation.—Reasonable notice must be given of such revocation or
di
renunciation, otherwise the damage thereby resulting to the principal or the agent, as the case may be,
must be made good to the one by the other. In
207.Revocation and renunciation may be expressed or implied.—Revocation and renunciation
may be expressed or may be implied in the conduct of the principal or agent respectively.
Illustration
A empowers B to let A’s house. Afterwards A lets it himself. This is an implied revocation of
B’s authority.
208.When termination of agent’s authority takes effect as to agent, and as to third persons.—
The termination of the authority of an agent does not, so far as regards the agent, take effect before it
becomes known to him, or, so far as regards third persons, before it becomes known to them.
Illustrations
(a) A directs B to sell goods for him, and agrees to give B five per cent. commission on the price fetched by the goods. A
afterwards, by letter, revoke B’s authority. B, after the letter is sent, but before he receives it, sells the goods for 100 rupees. The
sale is binding on A, and B is entitled to five rupees as his commission.
(b) A, at Madras, by letter, directs B to sell for him some cotton lying in a warehouse in Bombay, and afterwards, by letter,
revokes his authority to sell, and directs B to send the cotton to Madras. B, after receiving the second letter, enters into a contract
with C, who knows of the first letter, but not of the second, for the sale to him of the cotton. C pays B the money, with which B
absconds. C’s payment is good as against A.
(c) A directs B, his agent, to pay certain money to C. A dies, and D takes out probate to his will. B, after A’s death, but
before hearing of it, pays the money to C. The payment is good as against D, the executor.
209.Agent’s duty on termination of agency by principal’s death or insanity.—When an agency is
terminated by the principal dying or becoming of unsound mind, the agent is bound to take, on behalf of
the representatives of his late principal, all reasonable steps for the protection and preservation of the
interests entrusted to him.
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