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A authorizes B, a merchant in Calcutta, to recover the moneys due to A from C & Co. B instructs D, a…

Section 194 provides that where an agent with express or implied authority to name another person to act for the principal names such a person, "such person is not a…

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A authorizes B, a merchant in Calcutta, to recover the moneys due to A from C & Co. B instructs D, a solicitor, to take legal proceedings against C & Co. for the recovery of the money. What is D's legal position?

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Correct answer D

Section 194 provides that where an agent with express or implied authority to name another person to act for the principal names such a person, "such person is not a sub-agent, but an agent of the principal" for the part of the business entrusted to him. Illustration (b) to section 194 applies this to D: authority to recover the debt carries authority to engage a solicitor, so D is solicitor for A. A sub-agent under section 191 is one who acts under the control of the original agent, which D does not.

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