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Report No. 13

132. Section 182.-

The definition in section 182 is not exhaustive. It has to be read with section 186 which says that the authority of an agent may be express or implied.

133. In Sukumari Gupta v. Dhirendranalh, AIR 1941 Cal 643 Pal, J. took the view that the definition in section 182 seemed to be somewhat wider than that of English Law, inasmuch as the definition does not require that the employment should be by the principal himself. The soundness of this view has been doubted by Pollock and Mulla1.

1. Pollock & Mulla; Op. Cit., p. 619.

The questions raised in this and the preceding paragraphs would be solved if we combine sections 182 and 186, and we recommend accordingly.



Indian Contract Act, 1872 Back




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