Rights of parties to a contract made by agent not disclosed
Chapter 11: Agency
If an agent makes a contract with a person who neither knows, nor has reason to suspect, that he is an agent, his principal may require the performance of the contract; but the other contracting party has, as against the principal, the same rights as he would have had as against the agent if the agent had been principal. If the principal discloses himself before the contract is completed, the other contracting party may refuse to fulfil the contract, if he can show that, if he had known who was the principal in the contract, or if he had known that the agent was not a principal, he would not have entered into the contract.
The Indian Contract Act, 1872 (Act No. 9 of 1872). From the updated text on India Code, with later amendments. Being checked against the official copy; amendment notes are not shown yet.
Related sections
- 228Principal not bound when excess of agent‟s authority is not separable
- 229Consequences of notice given to agent
- 230Agent cannot personally enforce, nor be bound by, contracts on behalf of principal
- 232Performance of contract with agent supposed to be principal
- 233Right of person dealing with agent personally liable
- 234Consequence of inducing agent or principal to act on belief that principal or agent will be held exclusively liable