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ROUGHT DRAFT: contract-i

Termination of agency

SUBMITTED TO:Dr. s. c. roy FACULTY OF contract


Introduction:Given the sudden and severe contraction in the Irish economy and in particular in the disposable budgets of both the business and private community, it is no wonder that sales/commercial agents are being informed with increasing regularity by the companies who have engaged them that the relationship is being terminated or somehow indefinitely suspended. Whilst, from an economic point of view (i.e cost cutting measures by the company in light of the obvious downturn in orders etc) the proposed termination may be based on a very genuine need to stem losses, it can have unforeseen financial implications for the company. Also, if you are the agent in question the termination may not be as financially disastrous in the short term as you might think and you may be entitled to significant compensation when the commercial agency is terminated. In this regard the agent should understand that termination is not just limited to the normal understanding of termination. For the purposes of the relevant legislation terminate also includes the non-renewal of an existing agency at the end of its stated term and also where the agent (being a person acting as a sole trader) actually dies (this is explained in section 4 below).

Research methodology:For the purpose of research the researcher has relied on primary sources to look for information relating to the laws and statutes relating to TERMINATION OF AGENCY and secondary sources for the position and advancement of its in India. The researcher has done this keeping in mind the frequently asked questions rising out of this topic. The researcher has aimed at doctrinal method of research and will try to critically analyze and provide an un-biased account of the role of termination of agency in India.

HYPOTHESIS:From the initial research it appears that the TERMINATION OF AGENCY is a topic of heated discussion due to this complicated nature. A breach of contract results from the termination of

agency undertaken by the parties themselves. Researcher will describe their own perception towards this topic.

Objective:The researcher prime objective is to validate the significance of the TERMINATION OF AGENCY. It aims to critically provide a vivid account of the case law, statutes and legislations which provide a platform in Termination of agency. The researcher is going to limit its scope to termination of agency its background and present advancement and scenario in India. It will also aim to critically analyze the trend advancement and position of the Termination of agency.


Researcher has divided his project work into four chapters these are following:-

Chapter-1: formation of agency

In this chapter researcher will deal with how an agency formed and what is the essential element for formation of an agency. In order to formation of an agency its goes through a process researcher will also describes each and every aspect of this process as well as necessary rules and condition for formation of an agency.

Chapter-2: concept of termination of agency

In this chapter the researcher will highlights the legal provision of the establishment and termination of the agency. It will also highlight the condition for the termination of agency. It will also include what is concept behind the termination of agency.

Chapter-3: modes of termination of agency

In this chapter researcher will try to provide a significance structure of the different modes of termination of agency. It will also highlight the means for the termination of agency. It will highlight the types of termination of agency and its condition which concerned with the legal prospective.

Chapter-4: remedies available in termination of agency

In this chapter researcher will highlight the remedies whatever available in the case of termination of agency. In this specific chapter researcher will analysis the right and duty the

person after the termination of agency. Specially it will also deal with the legal remedies and provisions for stop the termination of agency as well as after the termination of agency.

In this chapter researcher will Substantiate his whole research work, and will find out a special analysis of his whole research work. Whatever he have observe in his whole research will provide a conclusion for such all the things.

BOOKS1. J.BEATSON, ANSON ON CONTRACTS,OXFORD :LONDON, ED. 2010, 2010 2. Sir Frederick Pollock & Sir Dinshaw Fardunji Mulla, Pollock and Mulla The Indian Contract and Specific Relief Acts, LEXIS NEXIS BUTTERWORTHS : NAGPUR, 2010 3. R.K. BANGIA, LAW OF CONTRACTS, ALLAHABAD LAW AGENCY : FARIDABAD, 2010 4. AVTAR SINGH, LAW OF CONTRACTS, EASTERN LAW HOUSE : LUCKNOW, 2010

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