Law Answer Writing Practice 2018 - Week 8 - Question 3

90 Days Law Answer Writing Practice Question 1 for 02-Jan-2019

Instructions for Writing Answer

1. Write your answers in the comment section.

2. Experts will provide their feedback in reply.

3. Model Answers will be uploaded on this page the next day.

4. Rectify your mistakes and progress further.

5. All the Best.

02-Jan-2019 - Question 1

"The liability of sub-agent towards principal is not direct, except in case of fraud and wilful wrong." Explain giving reasons. (2014) - 10 Marks

For Question 2 - Click Here

Model Answer

As per Section 192 (1) of the Indian Contract Act, the Sub-agent is responsible and accountable to the agent and not to the principal. It is because the sub agent is appointed by the agent, not the principal.
Also, against third party, Principal is liable for acts of the sub-agent if he is properly appointed. Sub-agent is not responsible to the principal because there is no privity of contract between the principal and sub agent.
As per 192 (3), It is case of fraud or willful wrong that the principal can proceed against the sub-agent, because willful wrong or fraud concerns with the question of performance of contract by the principal.
Therefore, the agent is responsible to the principal for the acts of a sub-agent and the sub-agent is responsible for his acts to the agent but not the principal, except in cases of fraud and willful wrong.

Note: There is no template for a correct UPSC answer, the model answer is only for your reference

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