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An agent undertakes to perform an act personally. The principal gives no separate authority to…

An agent who expressly or impliedly undertakes to act personally generally must perform the act. Section 190 allows a sub-agent where ordinary trade custom permits one or…

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An agent undertakes to perform an act personally. The principal gives no separate authority to delegate. Under section 190 of the Indian Contract Act, 1872, when may the agent employ a sub-agent for the act?

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Answer and explanation

Correct answer C

An agent who expressly or impliedly undertakes to act personally generally must perform the act. Section 190 allows a sub-agent where ordinary trade custom permits one or the nature of the agency requires one.

Option feedback

Option A

A lower price is not one of the grounds for departing from a personal undertaking under section 190.

Option B

A third party’s request does not supply either ground recognized by section 190.

Option C

Section 190 permits delegation if ordinary trade custom allows a sub-agent or the nature of the agency requires one.

Option D

Discretion about how to perform the act does not remove the personal undertaking or supply a section 190 exception.

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