Agency in Contract with Reference to McDonald’s in India

  • Harshita Singh Patel
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  • Harshita Singh Patel

    Student at University of Lucknow, India

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Abstract

India, also known as Bharat, is a Union of States. The Indian Contract Act brings within its ambit the contractual rights that have been granted to the citizens of India. It endows rights, duties and obligations on the contracting parties to help them to successfully conclude business from everyday life transactions to evidencing the businesses of multi-national companies which also protects and enforces against the parties to the agreement. The essence of the Indian Contract has been modelled on that of the English Common Law. It also defines laws relating to Contracts, Sale of movable properties, Indemnity, Guarantee, Agency, Partnership and Bailment. Agency defined under INDIAN CONTRACT ACT, 1872 explains the legal relationship between the principal and agent. Suppose A, owns a prominent food restaurant in Lucknow, famous for its healthy Lettuce Burgers, who engages B, a renowned Chef, works as an agent for A’s Company. But B appoints C, a third person for making the Lettuce Burgers. Result of which, people started having serious health issues after eating that Burger. Now, the Question arises, Is the appointment of C on behalf of B stands valid? And whether A will be held liable for the Acts of C? This paper tries to analyse and investigate upon What Rights and Duties does the Agents possess in such Contractual Agreements? The Author shall also be dealing with the issues and challenges faced with respect to Indian Laws.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 1, Page 812 - 828

DOI: https://doij.org/10.10000/IJLMH.116811

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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