Lawgist195Agent's duty in naming such person
In selecting such agent for his principal, an agent is bound to exercise the same amount of discretion as a man of ordinary prudence would exercise in his own case; and, if he does this, he is not responsible to the principal for the acts or negligence of the agent so selected.
Illustrations
(a) A instructs B, a merchant, to buy a ship for him. B employs a ship-surveyor of good reputation to choose a ship for A. The surveyor makes the choice negligently and the ship turns out to be unseaworthy and is lost. B is not, but the surveyor is, responsible to A.
(b) A consigns goods to B, a merchant, for sale. B, in due course, employs an auctioneer in good credit to sell the goods of A, and allows the auctioneer to receive the proceeds of the sale. The auctioneer afterwards becomes insolvent without having accounted for the proceeds. B is not responsible to A for the proceeds.
Download our fully-offline, High speed android app.- Click here
- 190 When agent cannot delegate
- 191 "Sub-agent" defined
- 192 Representation of principal by sub-agent properly appointed
- 193 Agent's responsibility for sub-agent appointed without authority
- 194 Relation between principal and person duly appointed by agent to act in business of agency
- 195 Agent's duty in naming such person
