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SUB AGENT.
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Section 191 of Indian Contract Act 1872 defines that "a sub-agent is a person employed by, and acting under the control of, the original agent in the business of the Agency." A sub-agent may be a properly appointed one or an improperly appointed one. Where an agent, having authority to do so, appoints a sub-agent, he is known as a sub-agent properly appointed (sec. 192.) Where an agent without authority appoints a sub-agent, he is called a sub-agent improperly appointed. ( sec. 193.)
When a sub-agent is properly appointed, he can represent the principal as regards to third parties. There is no privity of contract between the sub-agent and the principal. The agent would be responsible to the principal for the acts of the sub-agent. In case of a fraud or willful wrong, the sub-agent is also directly responsible to the principal.
When the sub-agent is improperly appointed, the principal is not bound by the acts of the sub-agent. The agent would be responsible to the principal and third parties.
SUBSTITUTED AGENT
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A "Co-agent" or a "substituted Agent" is a person who is appointed by the agent to act for the principal in the business of agency with the consent of the principal.
Section 194 enacts, "where an agent holding an express or implied authority to name another person to act for the principal, names another person accordingly, he is not a sub-agent, but a substituted agent for the principal"
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What is the difference between sub-agent and co-agent?
Section 191 of Indian Contract Act 1872 defines that "a sub-agent is a person employed by, and acting under the control of, the original agent in the business of the Agency." A sub-agent may be a properly appointed one or an improperly appointed one. Where an agent, having authority to do so, appoints a sub-agent, he is known as a sub-agent properly appointed (sec. 192.) Where an agent without authority appoints a sub-agent, he is called a sub-agent improperly appointed. ( sec. 193.)When a sub-agent is properly appointed, he can represent the principal as regards to third parties. There is no privity of contract between the sub-agent and the principal. The agent would be responsible to the principal for the acts of the sub-agent. In case of a fraud or willful wrong, the sub-agent is also directly responsible to the principal.When the sub-agent is improperly appointed, the principal is not bound by the acts of the sub-agent. The agent would be responsible to the principal and third parties.A "Co-agent" or a "substituted Agent" is a person who is appointed by the agent to act for the principal in the business of agency with the consent of the principal.Section 194 enacts, "where an agent holding an express or implied authority to name another person to act for the principal, names another person accordingly, he is not a sub-agent, but a substituted agent for the principal"
What is a substituted agent?
Sub-agent and substituted agent: The general rule is that an agent cannot delegate his authority and appoint another agent. (Delegatus non potest delegare). An agent being delegate cannot transfer his authority or duties to another. As per Section 190, an agent cannot lawfully employ another to perform acts which he has expressly or impliedly undertaken to perform personally unless by the ordinary custom of trade a sub-agent may or from the nature of the agency, the agent must be appointed. According to Section 191, a "sub-agent" is a person employed by and acting under the control of the original agent in the business of agency. The relation of the sub-agent and the original agent is as between themselves that of the agent and the principal. Where a sub-agent is properly appointed, the principal is so far as regards third parties represented by the sub-agent and is bound by and responsible for acts as if he were an agent originally appointed by the principal. The agent is responsible to the principal for the acts of the sub-agent. The sub-agent is responsible for his acts to the agent, but not to the principal except in case of fraud or wilful wrong. (Section192) There is no privity of contract between the sub-agent and the principal and, hence, sub-agent is not directly responsible to the principal except in cases of fraud or wilful wrong. If the sub-agent is properly appointed, the principal is liable to third parties for the acts of the sub-agent. If the sub-agent is appointed without proper authority, the principal is not represented by or responsible for the acts of the sub-agent and sub-agent is not responsible to the principal. As between the agent and the sub-agent, the relationship is that of the principal and agent and the agent is responsible for the acts of such sub-agent and both to the principal and to third parties (Section 193). Substituted agent: Where an agent holding an express or implied authority to name another person to act for the principal in the business of the agency has named another person accordingly, such person is not a sub-agent, but an agent of the principal for such part of the business of agency as is entrusted to him. (Section194). Where the agent has authority to appoint an agent and the person so appointed is in the nature of a substitute for the original agent, the contract arises between the principal and the substitute and the substituted agent becomes responsible to the principal for the due discharge of the duties as if he is appointed by the principal himself. According to Section 195, in selecting substituted agent for his principal an agent is bound to exercise the same amount of discretion as a man of ordinary prudence would exercise in his own case; and if he does so, he is not responsible to the principal for acts or negligence of the substituted agent so selected. Sub-agent and substituted agent: The general rule is that an agent cannot delegate his authority and appoint another agent. (Delegatus non potest delegare). An agent being delegate cannot transfer his authority or duties to another. As per Section 190, an agent cannot lawfully employ another to perform acts which he has expressly or impliedly undertaken to perform personally unless by the ordinary custom of trade a sub-agent may or from the nature of the agency, the agent must be appointed. According to Section 191, a "sub-agent" is a person employed by and acting under the control of the original agent in the business of agency. The relation of the sub-agent and the original agent is as between themselves that of the agent and the principal. Where a sub-agent is properly appointed, the principal is so far as regards third parties represented by the sub-agent and is bound by and responsible for acts as if he were an agent originally appointed by the principal. The agent is responsible to the principal for the acts of the sub-agent. The sub-agent is responsible for his acts to the agent, but not to the principal except in case of fraud or wilful wrong. (Section192) There is no privity of contract between the sub-agent and the principal and, hence, sub-agent is not directly responsible to the principal except in cases of fraud or wilful wrong. If the sub-agent is properly appointed, the principal is liable to third parties for the acts of the sub-agent. If the sub-agent is appointed without proper authority, the principal is not represented by or responsible for the acts of the sub-agent and sub-agent is not responsible to the principal. As between the agent and the sub-agent, the relationship is that of the principal and agent and the agent is responsible for the acts of such sub-agent and both to the principal and to third parties (Section 193). Substituted agent: Where an agent holding an express or implied authority to name another person to act for the principal in the business of the agency has named another person accordingly, such person is not a sub-agent, but an agent of the principal for such part of the business of agency as is entrusted to him. (Section194). Where the agent has authority to appoint an agent and the person so appointed is in the nature of a substitute for the original agent, the contract arises between the principal and the substitute and the substituted agent becomes responsible to the principal for the due discharge of the duties as if he is appointed by the principal himself. According to Section 195, in selecting substituted agent for his principal an agent is bound to exercise the same amount of discretion as a man of ordinary prudence would exercise in his own case; and if he does so, he is not responsible to the principal for acts or negligence of the substituted agent so selected.
IS A substituted agent is as good an agent of the agent as a sub-agent?
A substituted agent is as good an agent of the agent as a sub agent is incorrect statement. The general rule is that an agent can't delegate his authority and appoint another agent. An agent being delegates cannot transfer in authority or duties to another ; as per sec 19 an agent can't lawfully employ another to perform acts which he has express implied by undertake to perform personally unless by the ordinary custom of trade a sub agent may of form the nature of agency the agent must be appointed section 191, a "sub agent" is a person employed by an acting under the control of the original agent in the business of agency .
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