Lawgist220Agent not entitled to remuneration for business misconducted
An agent who is guilty of misconduct in the business of the agency, is not entitled to any remuneration in respect of that part of the business which he has misconducted.
Illustrations
(a) A employs B to recover, 1,00,000 rupees from C, and to lay it out on good security. B recovers the 1,00,000 rupees; and lays out 90,000 rupees on good security, but lays out 10,000 rupees on security which he ought to have known to be bad, whereby A loses 2,000 rupees. B is entitled to remuneration for recovering the 1,00,000 rupees and for investing the 90,000 rupees. He is not entitled to any remuneration for investing the 10,000 rupees, and he must make good the 2,000 rupees to B.
(b) A employs B to recover 1,000 rupees from C. Through B's misconduct the money is not recovered. B is entitled to no remuneration for his services, and must make good the loss.
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- 211 Agent's duty in conducting principal's business
- 212 Skill and diligence required from agent
- 213 Agent's accounts
- 214 Agent's duty to communicate with principal
- 215 Right of principal when agent deals, on his own account, in business of agency without principals consent
- 216 Principal's right to benefit gained by agent dealing on his own account in business of agency
- 217 Agent's right of retainer out of sums received on principal's account
- 218 Agent's duty to pay sums received for principal
- 219 When agent's remuneration becomes due
- 220 Agent not entitled to remuneration for business misconducted
- 221 Agent's lien on principal's property
