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Report No. 13

Section 187.- For section 187 of the principal Act, the following section shall be substituted, namely:-

"187. Definition of express and implied authority.

An authority is said to be express when it is given by words spoken or written. An authority is said to be implied when it is to be inferred from the circumstances of the case; and things spoken or written or the ordinary course of dealing, or the relationship in which the parties stand to each other and the necessities of the case, may be accounted such circumstances."

Section 187A.- After section 187 of the principal Act, the following section shall be inserted, namely:-

"187A. Acts which may be done by means of an agent.

An agent may be appointed for the purpose of entering into any contract or doing any other act on behalf of the principal which the principal might himself enter into or do, not being a contract or other act,-

(a) which is to be entered into or done for the purpose of exercising a power or authority conferred or performing a duty imposed on the principal personally, the exercise or performance of which requires discretion or skill, or

(b) which the principal is by or under any law required to enter into or do himself ".

Indian Contract Act, 1872 Back

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