A is employed by B, residing in London, to recover at Bombay a debt due to B. B's instructions say…
Section 188 gives an agent who has authority to do an act authority to do "every lawful thing which is necessary in order to do such act". Illustration (a) to section 188…
Choose your answer
A is employed by B, residing in London, to recover at Bombay a debt due to B. B's instructions say nothing about suing the debtor or giving a receipt. What is the extent of A's authority?
Answer and explanation
Correct answer B
Section 188 gives an agent who has authority to do an act authority to do "every lawful thing which is necessary in order to do such act". Illustration (a) to section 188 applies this to an agent employed to recover a debt: he may adopt any legal process necessary to recover it and may give a valid discharge for it. Suing and giving a receipt are steps needed to recover a debt, so no separate written authority is required for either.
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