Agent And Servant - Definition - Law Dictionary Home Dictionary Definition agent-and-servant

Definition :

Agent and servant, an agent has to be distinguished on the one hand from a servant and on the other from an independent contractor. A servant acts under the direct control and supervision of his master and is bound to conform to all reasonable orders given in the course of his work.... An agent though bound to exercise his authority in accordance with all lawful instructions which may be given to him from time to time by principal, is not subject in its exercise to the direct control or supervision of the principal, Qamar Shaffi Tyabji v. CEPT, AIR 1960 SC 1269 (1271): (1960) 3 SCR 546.

A servant acts under the direct control and supervision of the master, and is bound to conform to all reasonable orders given to him in the course of his work...An agent though bound to exercise his authority in accordance with all lawful instructions which may be given to him from time to time by his principal , is not subject in its exercise to the direct control or supervision of the principal, Chandi Prasad Singh v. State of Uttar Pradesh, AIR 1956 SC 149 (153). [Penal Code (45 of 1860) ss. 408, 409]