Maxim "Delegatus non potest delegare" | BNCL II Legal Way

(A) Discuss on the maxim, "Delegatus non potest delegare".

(B) A house agent was employed to let or sell a house? He negotiated for sale and subsequently found a purchaser. Discuss whether he is entitled to commission on the sale.

ANS-

(A) Delegatus non potest delegare:-

As a general rule, the principle of non-strong delegation is applied to prevent the agent from establishing a relationship between the agent and the agent between his manager and his third person; However, when analyzing this principle, it only imports that the agent without the authority of his manager cannot transfer an obligation to the manager, who himself has pledged to fulfill it personally, and that as far as trust in the appointed person is the root of the agency contract, this authority cannot be considered as A normal accident in the contract. But the requirements of the work from time to time make it necessary to implement the instructions of the manager, by a person other than the agent who was originally directed for this purpose; When this is the case, the cause of the thing requires that the rule be loosened, so that, on the one hand, to enable the agent to designate what is called a "sub-agent" or "alternative agent", and on the other hand, to form, in the interest and protection of the conductor, direct privacy The contract between him and this principal. The authority concerned with the aforementioned effect may be implicit, from the party’s behavior to the original agency contract according to the use of trade, or the specific nature of the work that is the subject of the agency, it may reasonably be assumed that the parties to the agency’s contract originally intended that this authority be present, or where it arises On the job, unexpected situations which cause the agent to employ replace; When this authority is present and duly exercised, the privacy of the contract arises between the manager and the alternate, and the latter becomes responsible for the former in the performance of his duties as assigned to him by the work as if he had been appointed by the deputy director himself.

Article 109 of the Indian Contract Law recognizes this rule:

“An agent cannot use a legal agent to perform business that he has either explicitly or implicitly performed in person, unless it is customary to use a sub-agent, or from the nature of the agency, a sub-agent, or from the nature of the agency, to hire a sub-agent.” Thus, a merchant seller who cannot deliver the goods due to the war conditions can resell them on the pretext of being the original agent of the buyer of necessity - (Prayer Against Blatespid, (1924) I KB. 5061). In Dhanpat v. The Bank of Allahabad, 2, Lucknow 253 In particular, if the part of the funds obtained in this manner is applied in the business to the client, then the conductor is obligated to the extent of the benefit received.

(B)The agent is entitled to receive a commission.

The general rule is that in the event that no special contract is paid to perform any work that is not due to the agent until the completion of this law. There was no special contract for the effect of the commission due date in this case. Once the customer is presented, the agent is entitled to receive the commission, if the introduction is an effective reason in achieving the transaction. In the case of Barchell v. Cowrie and B. Collieries Ltd. (1910) BC 614, the law was clearly established by Lord Atkinson, J.J. as follows:

“If an agent, like the plaintiff, brings someone in relation to his manager, as a intended buyer, the agent does the most laborious and costly part of the work, and if the manager benefits from this work, he is likely to have an agent’s, and anonymous, reaction to the buyer who Contacted by the agent is the actual reason for the sale "and the agent is entitled to receive his commission.