Contract Of Agency, Vicarious Liability And Statutory
- IJLLR Journal
- Dec 26, 2024
- 1 min read
Kashvi Singla, Symbiosis Law School, Noida
ABSTRACT
This research through secondary sources of data examines the complex nature of relationships between principals and agents. It focuses mainly on how liable, or responsible, agents are to principals and third parties. It digs deeper into the representative and substitute nature of an agent's authority. It emphasizes the important details in contracts that determine how far an agent's liability extends. The concept of implied authority and an agent's personal liability are explored. Insights are drawn from legal cases to help explain the implications. The research expands its inquiry to the liability of states as principals for the acts of their agents. It navigates, or makes its way through, the complex details in constitutions. The Kaushal Kishor vs. State of Uttar Pradesh case serves as a relevant example. Furthermore, the paper includes the Law Commission's position on state liability. It advocates for a fair relationship between individual rights and state responsibilities. Vicarious liability in agency contracts is taken apart. It differentiates between tort and contract cases. It underlines the importance of the agent's authority. The defense of statutory authority emerges as a pivotal consideration. This reveals instances where the state can avoid liability under specific statutes. The research contemplates the delicate balance between protecting individual rights and giving leeway for state actions.
Keywords: Contract of Agency, Principle, Agent, Vicarious Liability, Statutory authority, third party, representation.
