Law: Contract, Act, 1872

Section: 188, 214, 215

(a) Contract Act (IX of 1872) Ss. 188, 214 & 215---.---Object of appointing agents or attorneys is that a specified person is authorized by the executant to act for and in the name of the person executing it---.---Power given to joint agents---.---Effect---.---Where a power is delegated by a principal jointly to more than one agent for performance of the acts on his behalf, then single agent cannot do any act without joining the other---.---Where a power is given to joint agents, presumption is that such power has been granted on the consideration of the personal nature and their act can bind the principal only if the agents act jointly---.---When the attorneys, so appointed intend .to deviate from the authority given in a power of attorney then they have to comply with Ss. 214 & 215 of the Contract Act, 1872---.---Where one of the joint agents obtained the agreement in his favour from the other joint agent, he had to prove through cogent evidence that such act was consented to by the principal. Dr. A. Wahab's case 1986 MLD 2049 ref. (b) Contract Act (IX of 1872) S. 215---.---Where an agent executes an agreement in his own favour or in favour of any of his associates without consent of the principal then the principal has a right to repudiate the transaction. (c) Contract Act (IX of 1872)---.--- ---.--- S. 182---.---Agency---.---Elementary principle of "agency", is that the relationship between the agent and the principal is very delicate and of a high trust---.---Agent, in such relationship, occupies the position of dominant influence, he is not permitted to make a transfer of the property of the principal in his own favour or in favour of his associates without the consent of his principal. PLD 1985 SC 341 and 1987 SCMR 1009 ref. (d) Contract Act (IX of 1872)---.--- ---.--- S. 188---.---Extent of agent's authority---.---Power of attorney holder acquires double capacity or double personality; one being as his person and the other as attorney---.---Both the said positions cannot be intermingled by executing any document in his own favour---.---Double capacity and double personality discussed and differentiated. A power of attorney…