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Report No. 13

Section 190.- For section 190 of the principal Act, the following section shall be substituted, namely:-

"190. Delegation by agent.

An agent cannot lawfully employ any other person to perform acts which he has expressly or impliedly undertaken to perform, except in the following cases:-

(i) where, by the usage of the market, trade or business in which the agent is employed, a sub-agent may be employed;

(ii) where, from the nature of the agency, a sub-agent must be employed;

(iii) where the agent has express or implied authority to delegate his powers or duties;

(iv) where the act to be done is purely ministerial and does not involve any confidence or discretion or require any skill."

Indian Contract Act, 1872 Back

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