DELEGATUS NON POTEST

DELEGARE (A DELEGATE
CANNOT DELEGATE)

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 An agent may delegate his authority to another or
employ a sub-agent in the following circumstances:
(i) Where the principal approves of the delegation of
authority.
Case: De Bussche v Alt
The principal appointed an agent in China to sell a ship
at a certain price. The agent was unable to sell the
ship and so he sought the principal’s approval to
appoint a sub-agent to sell the ship in Japan.

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(ii) Where it is presumed from the conduct of the
parties that the agent would have power to delegate
his authority.
(iii) Where the customs of the trade or business permits
delegation.
(iv) Where the nature of the agency is such that
delegation of the authority to another person is
necessary to complete the business.
(v) In case of necessity or unforeseen emergency.
(vi) Where the act to be done is purely ministerial or
clerical and does not involve the exercise of
discretion.

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