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CHAPTER X AGENCY · Effect of agency on contracts with third persons

Section 229: Consequences of notice given to agent

The Indian Contract Act, 1872

Any notice given to or information obtained by the agent, provided it be given or obtained in the course of the business transacted by him for the principal, shall, as between the principal and third parties, have the same legal consequences as if it had been given to or obtained by the principal.

Illustrations

(a)A is employed by B to buy from C certain goods, of which C is the apparent owner, and buys them accordingly. In the course of the treaty for the sale, A learns that the goods really belonged to D, but B is ignorant of that fact. B is not entitled to set-off a debt owing to him from C against the price of the goods.

(b)A is employed by B to buy from C goods of which C is the apparent owner. A was, before he was so employed, a servant of C, and then learnt that the goods really belonged to D, but B is ignorant of that fact. In spite of the knowledge of his agent, B may set-off against the price of the goods a debt owing to him from C.

Questions on this section

1 question in 2 of our papers cite Section 229. Try these from the free papers:

  1. 1. A is employed by B to buy certain goods from C, who appears to be their owner. Consider the following statements under Section 229 of the Indian Contract Act, 1872: 1. If A learns, in the course of negotiating the purchase, that the goods really belong to D, B cannot set off against the price a debt owed to him by C, though B himself does not know of D's ownership. 2. If A had learnt that the goods belonged to D while he was C's servant, before being employed by B, B may set off against the price a debt owed to him by C. 3. Notice given to an agent has the same effect as notice to the principal, whether or not it was given in the course of the business transacted for the principal. Which of the statements given above is/are correct?

Practise questions on Contract Law