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Report No. 13

135. Section 184.-

Section 184 permits a minor (as well as a person of unsound mind) to become an agent as between the principal and third persons without being responsible to his principal. There may be cases where an agent may incur a personal liability upon the contract towards third persons. But in our opinion an agent who is a minor or a person of unsound mind should be exonerated from such liability. According to Bowstead,1 the personal liability of the agent upon the contract of agency and upon any contract entered into by him with any third person is dependent on his capacity to contract on his own behalf. We agree with this view and recommend that section 184 should be modified accordingly.

1. Bowsted; Op. Cit., 11th Edn., p. 15.

Indian Contract Act, 1872 Back

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