Section 190 The Indian Contract Act, 1872
Section 190 of the Indian Contract Act, 1872 relates to agency and specifically to the creation of sub-agents.
🔹 Section 190 – When agent cannot delegate
An agent cannot lawfully employ another to perform acts which he has expressly or impliedly undertaken to perform personally, unless by the ordinary custom of trade a sub-agent may, or from the nature of the agency, a sub-agent must be employed.
🔍 Explanation:
Section 190 lays down the general rule that:
“Delegatus non potest delegare”
(A delegate cannot delegate)
This means that when a person (called a principal) appoints someone as an agent, that agent is not allowed to delegate his authority to someone else (a sub-agent) unless:
The custom of trade permits it, or
The nature of the agency requires it.
🧑⚖️ Illustration:
NOT Allowed: A authorizes B to paint a portrait. B cannot ask C to paint it, because the skill and trust were placed personally in B.
Allowed: A authorizes B (a shipping agent) to transport goods abroad. B can appoint a sub-agent (like a freight forwarder), because it’s common in that trade and practically necessary.
📌 Key Takeaways:
Agents must perform their duties personally.
Delegation is allowed only when:
Trade custom allows it.
It's necessary due to the nature of the work.
If an agent improperly appoints a sub-agent, the principal is not bound by the sub-agent's acts.
RELATED Blog
0 comments