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TMI BlogNature of relationship of master and servant, principal and agent, and between principal and principalX X X X Extracts X X X X X X X X Extracts X X X X ..... ds: The difference between the relations of master and servant and of principal and agent may be said to be this: a principal has the right to direct what work the agent has to do: but a master has the further right to direct how the work is to be done. xx xx xx An agent is to be distinguished on the one hand from a servant, and on the other from an independent contractor. A servant acts under the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... defines the words agent and principal and reads as under: 182. Agent and principal defined. An agent is a person employed to do any act for another, or to represent another in dealings with third persons. The person for whom such act is done, or who is so represented, is called the principal . ...............the following factors/aspects should be taken into consideration: (a) The essential charac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ationship is the manifestation of consent by one person to another to act on his or her behalf and subject to his or her control, and the reciprocal consent by the other to do so. RESTATEMENT (THIRD) OF AGENCY (AMERICAN LAW INSTITUTE PUBLISHERS 2007) (d) As the business done by the agent is on the principal s account, the agent is liable to render accounts thereof to the principal. An agent is ent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he expanding needs of the society, which has made a departure from the doctrine of laissez faire by including a transaction within the fold of a sale even though the seller may by virtue of an agreement impose a number of restrictions on the buyer, e.g. fixation of price, submission of accounts, selling in a particular area or territory and so on. These restrictions per se would not convert a cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of principal and agent raises by implication a contract on the part of the principal to reimburse the agent in respect of all expenses, and to indemnify him against all liabilities, incurred in the reasonable performance of the agency, provided that such implication is not excluded by the express terms of the contract between them, and provided that such expenses and liabilities are in fact occ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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