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What is free consent according to Indian Contract Act 1872?
Free consent, as defined by the Indian Contract Act of 1872, refers to the agreement between parties that is made voluntarily and without any coercion, undue influence, fraud, misrepresentation, or mistake. For consent to be considered free, both parties must fully understand the terms of the contract and agree to them without external pressures. If consent is obtained through any of the aforementioned factors, it may render the contract voidable at the option of the aggrieved party. Thus, free consent is essential for the validity of a contract under Indian law.
What is the difference between sub-agent and co-agent?
Section 191 of Indian Contract Act 1872 defines that "a sub-agent is a person employed by, and acting under the control of, the original agent in the business of the Agency." A sub-agent may be a properly appointed one or an improperly appointed one. Where an agent, having authority to do so, appoints a sub-agent, he is known as a sub-agent properly appointed (sec. 192.) Where an agent without authority appoints a sub-agent, he is called a sub-agent improperly appointed. ( sec. 193.)When a sub-agent is properly appointed, he can represent the principal as regards to third parties. There is no privity of contract between the sub-agent and the principal. The agent would be responsible to the principal for the acts of the sub-agent. In case of a fraud or willful wrong, the sub-agent is also directly responsible to the principal.When the sub-agent is improperly appointed, the principal is not bound by the acts of the sub-agent. The agent would be responsible to the principal and third parties.A "Co-agent" or a "substituted Agent" is a person who is appointed by the agent to act for the principal in the business of agency with the consent of the principal.Section 194 enacts, "where an agent holding an express or implied authority to name another person to act for the principal, names another person accordingly, he is not a sub-agent, but a substituted agent for the principal"
What is the difference between sub agent and substituted agent?
SUB AGENT.--------------Section 191 of Indian Contract Act 1872 defines that "a sub-agent is a person employed by, and acting under the control of, the original agent in the business of the Agency." A sub-agent may be a properly appointed one or an improperly appointed one. Where an agent, having authority to do so, appoints a sub-agent, he is known as a sub-agent properly appointed (sec. 192.) Where an agent without authority appoints a sub-agent, he is called a sub-agent improperly appointed. ( sec. 193.)When a sub-agent is properly appointed, he can represent the principal as regards to third parties. There is no privity of contract between the sub-agent and the principal. The agent would be responsible to the principal for the acts of the sub-agent. In case of a fraud or willful wrong, the sub-agent is also directly responsible to the principal.When the sub-agent is improperly appointed, the principal is not bound by the acts of the sub-agent. The agent would be responsible to the principal and third parties.SUBSTITUTED AGENT--------------------------A "Co-agent" or a "substituted Agent" is a person who is appointed by the agent to act for the principal in the business of agency with the consent of the principal.Section 194 enacts, "where an agent holding an express or implied authority to name another person to act for the principal, names another person accordingly, he is not a sub-agent, but a substituted agent for the principal"
When an agent negotiates a contract on behalf of the principal the liability of the principal will depend on if?
the agent acted within the scope of their authority. If the agent has actual or apparent authority to negotiate and bind the principal, the principal will be liable for the contract. Conversely, if the agent exceeded their authority or acted outside the agreed-upon terms, the principal may not be bound by the contract. Additionally, the nature of the agent's actions and the principal's knowledge of those actions can also affect liability.
What year was the Indian act passed?
It was on May 28, 1830 that the Indian Removal Act was passed. A number of Christian missionaries opposed the passing of the bill.
What is doctrine of waiver under Indian contract law?
Waiver is abndonment of performance and is laid down in Sec. 63 of the Contract Act. This is an unilateral act of the promisee, so no fresh agreement is not required. Example: A was to supply 100 bags of rice of a perticular quality B. B later on came to know that A will suffer heavy loss, if he performs the obligation, B may chose not to insist on performance and discharge A from the obligations of the contract.
Who executed the Indian Removal Act?
The Indian Removal Act was executed and passed onto the law by President Andrew Jackson on May 28, 1830.
Is a contract valid if the signee is not authorised to sign contracts?
It may be possible to enforce the contract. If the party can show that they saw the individual as an agent of the other party, the courts will often enforce it.
Can you legally change your real estate agent without fees or problems and does an agent and seller contract expire?
Yes you can, Then when the contract expires you may change agents . There is a holdover time period (usually 90 to 120 days) if you buy a home that he has shown you you may owe them the commission, If you are selling a property and the contract expires and someone who looked at the property before the contract expired you may owe them a commission. With either case they have to give you a list of of people who fall into the holdover period.
Can an LLC sign a contract if they are not in good standing and do not have a registered agent?
An LLC can technically sign a contract even if it is not in good standing and does not have a registered agent; however, the enforceability of that contract may be questioned. Being out of good standing can limit the LLC's ability to sue or defend itself in court. Additionally, the absence of a registered agent may complicate legal proceedings or notifications. It's advisable for the LLC to address these issues before entering into contracts to ensure legal protection.
Ethical responsibilities of a sports agent?
The agent's name and address must appear on all forms of advertising. Agents may not communicate with or enter into an agent contract or financial services contract with an athlete prior to the athlete's final intercollegiate or high school regular season or post season game.
What was the year that the Indian removal act started?
The law (The Indian Removal Act) was passed on May 26th 1830, the first actions were taken in September of 1830. If you mean "Indian Removal" in general, then that would be October 12th 1492.
