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 MEMBERS

Abu Bakar Md. Shajeed Akber Samiun Mazhar Jawad Bin Faysol Reza
Manaf ZR-132-052 SN-132-080 Salauddin BB-132-113
ZH-132-030 ZH-132-118
AGENT’S
RIGHTS
“An agent is a person employed to
perform any act for another or to
represent another in dealings with
third persons.”
~Section 182
RIGHTS?
01 ENFORCEMENT

02 RETAINER

03 REMUNERATION

04 BUSINESS MISCONDUCT

05 LIEN
 01
ENFORCEMEN
T
 Enforcement of Principal’s Duties
• The agent has the right to ensure that the principal is obliged to perform
and is performing his duties towards to the agent accordingly.

• What are the duties of the principal towards an agent?

 To pay remuneration and dues for agent’s services
 To indemnify against any lawful acts done by the principal
 To indemnify against acts done in good faith by the principal
 To compensate for any harm/damage occurred to agent
due to the negligence of the principal.
 02
RETAINER
 Agent's Right of Retainer
 Agents have the right to retain money from funds received on behalf of the
principal.
 Retained sums include:
• Reimbursement for advances made by the agent.
• Expenses properly incurred by the agent while conducting agency business.
 Remuneration payable to the agent for acting as an agent.
 Continued…
 Importance of the Agent's Right of Retainer:
• Ensures fair compensation for agents.
• Protects agents from financial losses.
• Encourages agents to undertake responsibilities and make necessary
expenditures.
 Supports a balanced and mutually beneficial agent-principal relationship.
 Example

Hired to sell a house on behalf Negotiating with the potential Hands over the key after
of the owner buyers getting paid
 03
REMUNERATIO
N
 When agent’s remuneration
becomes due
In the absence of any special contract the agent’s remuneration does not
become due until he has completed the act for which he was appointed agent.
But an agent may detain money received by him for following things:
 Amount of goods sold by the agent
 The whole of the goods consigned to him for sale may have been sold
 The sale may be actually complete
 Continued…
Example:

A, an agent, seized goods of T at the command of P. Later, it

was found that A seized goods illegally on the command of P.
The court held that P must indemnify A because he acted in
Bonafede intention.
 04
BUSINESS
MISCONDUCT
 Business Misconduct
• Business misconduct refers to any actions by the agent that violate
their duties to the principal or harm the principal's business interests.
• Examples of business misconduct include theft, fraud,
misrepresentation, breach of contract, and other unethical or illegal
behaviours.
 Agent not entitled to remuneration for
business misconducted

• Agents are entitled to receive remuneration for their services, but this
entitlement is not absolute.
• If an agent engages in business misconduct, they may lose their right to
receive remuneration. The business may be able to recover damages
from the agent to compensate for their losses.
05
LIEN
 Agent’s Lien
An Agent's Lien is a type of possessory lien that gives the agent the right to
retain possession of property until they receive payment for services they
have provided.

The Agent's Lien is a legal right that is recognized in many jurisdictions.

Types of Agent's Lien: General lien and Particular lien.

 Continued….
 Requirements for Agent's Lien:
• The agent must have possession of the property
• The agent must have acted within the scope of their authority
• The agent must have incurred expenses or be entitled to a commission

For example:
X gives a piece of cloth to Y, a tailor, to make a coat. Y promise X to deliver the
coat as soon as it is finished. Y in entitled to retain the coat till he is paid.