CMA Foundation · Fundamentals of Business Laws and Business Communication · Meaning of Indemnity, Guarantee, Pledge, Agent
Anil appointed Bharat as agent to sell Anil's land and to repay himself out of the sale proceeds the debt Anil owes him. Anil later tries to revoke the authority. What is the position under the Act?
Anil cannot revoke the authority. Under Section 202, when the agent has his own interest in the property that is the subject-matter of the agency, the agency cannot, without an express contract, be terminated to the prejudice of that interest, and the debt recovery gives Bharat such an interest.
- AAnil can revoke it at any time by notice
- BAnil cannot revoke it, because Bharat has an interest in the subject-matterCorrect
- CAnil can revoke it only if the land is not sold within a year
- DAnil can revoke it, but must pay Bharat compensation
Explanation
Under Section 202, where the agent has an interest in the property forming the subject-matter of the agency, the agency cannot, absent an express contract, be terminated to the prejudice of that interest. Illustration (a) covers this very case. Revocation with compensation is not the rule stated there.
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