Which one of the following conditions does not constitute a valid agency by necessity?

This question was previously asked in
UGC NET Paper-2: Commerce 25th Dec 2021 Shift 1
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  1. There should have been actual and definite commercial necessity for the agent to act promptly.
  2. The agent should have acted bonafide and for the benefit of the principal.
  3. The agent should have adopted the most reasonable and practicable course under the circumstances.
  4. Destruction of the subject matter of the contract of agency.

Answer (Detailed Solution Below)

Option 4 : Destruction of the subject matter of the contract of agency.
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UGC NET Paper 1: Held on 21st August 2024 Shift 1
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50 Questions 100 Marks 60 Mins

Detailed Solution

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The correct answer is Destruction of the subject matter of the contract of agency.

Key Points Agency Contract:

  • An agency contract is a legal relationship, where one person appoints another to transact on his behalf.
  • The contract person who appoints another person to look after his transactions is called the original person.
  • Whereas the person who sees any transaction of the original person is the agent. 

Important Points

  •  The agency is contractual.
  • There is a special contract under the Indian Contract Act 1872.
  • According to this contract, if the subject matter of the contract of the agency is lost, it cannot be a valid agency.
  • It is absolutely necessary to have the subject matter in the agency for a contract.
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