Agent, a person acting for another, whether by his express or implied authority, the general rule being, that whatever a person may do himself, that he may, as 'principal,' authorize another to do for him, and in accordance with the maxim, qui facit per alium facit per se, to fix him with the same liability in contract or tort as if he had done it himself. See BROKER, FACTOR, MERCANTILE AGENT, VICARIOUS RESPONSIBILITY, and consult Bowstead on Agency or Evans on Principal and Agent.
Where the principal is disclosed, only the principal can be sued. Where the principal is not disclosed, but the agent acts as agent, either the agent or the principal, when disclosed, can be sued. If an agent represents himself as such, and contract for an undisclosed and unascertained principal, his contract may be ratified by the principal when disclosed and ascertained.
Agent is a person appointed to carry on a business under the powers of a committee of a person incapable of managing his affairs or under a deed of arrangement for the benefit of creditor, Plumpton v. Burkinshaw, (1908) 2 KB 572; G.B. Nicholls & Co. Ltd. v. Knapman, (1910) 102 LT 306.
If a person when making a contract does not disclose that he is acting as agent, a principal who subsequently ratifies, cannot inconsistently with the contract render himself able to sue or liable to be sued, Durant v. Keighley, Maxted & Co. Ltd., (1927) 43 TLR 358.
The expression 'agents or servants' used in the (English) Carriage of Goods by Sea Act, 1924 (14 SC 15 Geo. 5, C. 22), Sch., Art. IV, r. 2(2), includes stevedores, Heyn v. Ocean Steamship Co., 1910 AC 240.
For the purposes of s. 136 (2) of the (English) Companies Act, 1929 (19 & 20 Geo. 5, c. 23), the expression 'agents' in relation to a company shall be deemed to include the bankers and solicitors of the company and any persons employed by the company as auditors whether those persons are or are not officers of the company.'
An agent who represents himself to have authority when in fact he has none, is answerable to those who are deceived by him for the breach of an implied warranty, Collen v. Wright, (1857) 7 E & B 301; Godwin v. Francis, (1870) LR 5 CP 295; Durant v. Keighley, Maxted & Co., 1910 AC 240. As to election agents see the Parliamentary Elections Act, 1868 (31 & 32 Vict. c. 125), by new law. As to bribery of agents and their secret profits, see CORRUPTION.
It means a person duly authorised by a party to present any complaint, appeal or reply on its behalf before the national Commission. [Consumer Protection Rules, 1987, s. 2 (b)]
An agent is ordinarily a person authorised by a candidate to act on his behalf on general authority conferred on him by the candidate. Ordinarily, the agent is the under study of the candidate and has to act under the instructions given to him, being under his control, Chandrakanta Gopal v. Sohan Singh Jodh Singh Kohli, (1996) 1 SCC 378 (383). [Representation of the People Act, 1951, s. 100 (1)(b)]