Section 190 of The Indian Contract Act, 1872
When agent cannot delegate.
An agent cannot lawfully employ another to perform acts which he has expressly or impliedly undertaken to perform personally, unless by the ordinary custom of trade a sub-agent may, or, from the nature of the agency, a sub-agent must, be employed.
Summary
- An agent is generally prohibited from delegating or passing on their duties to another person if they promised to perform those duties personally.
- This personal duty can arise either from express words or from the implied understanding of the parties when the agency was created.
- An exception is made if the ordinary custom of trade allows the employment of a sub-agent to handle those specific tasks.
- Delegation is also allowed if the actual nature of the agency makes it absolutely necessary to employ a sub-agent.
Practical examples
FAQ
1. Can an agent delegate their work to someone else under Section 190 of the Indian Contract Act?
Under Section 190 of the Indian Contract Act, an agent generally cannot delegate work they agreed to perform personally. Delegation is only allowed if trade custom permits it or if the nature of the agency makes it necessary.
2. What does an implied undertaking to perform personally mean under Section 190 of the Indian Contract Act?
Under Section 190 of the Indian Contract Act, an implied undertaking means that from the circumstances of the case, it is understood that the principal expects the agent to do the work themselves due to their personal skill or trust.
3. How does trade custom affect an agent's ability to hire a sub-agent under Section 190 of the Indian Contract Act?
Under Section 190 of the Indian Contract Act, if there is a well-established custom in that specific trade to use sub-agents for certain tasks, the agent is legally allowed to delegate those tasks.
4. Under what circumstances does the nature of the agency require delegation under Section 190 of the Indian Contract Act?
Under Section 190 of the Indian Contract Act, delegation is permitted when the job cannot practically be performed by one person alone, making the use of assistants or sub-agents necessary.
Test yourself
1.Under Section 190 of the Indian Contract Act, 1872, what is the general rule regarding an agent delegating their authority to another person?
2.Under Section 190 of the Indian Contract Act, 1872, which of the following is a valid ground for an agent to employ a sub-agent?
3.Under Section 190 of the Indian Contract Act, 1872, if a lawyer is hired personally to argue a case due to their unique expertise, can they delegate the arguing of the case to another lawyer?
4.Under Section 190 of the Indian Contract Act, 1872, how can an undertaking by an agent to perform personally be established?