Who is considered as an agent under the Indian Contract Act, 1872, and what are the duties and obligations associated with this role?

Provisions of Law: The Indian Contract Act, 1872 does not define the word 'Agency'. However, section 182 of the Indian Contract Act, 1872 defines Agent and Principal as: Agent means a person employed to do any act for another or to represent another in dealing with the third persons and The principal means a person for whom such act is done or who is so represented. Duties and obligations of an Agent (i) Duty to follow instructions or customs: According to Section 211, an agent is bound to conduct the business of his principal according to the direction given by the principal, or, in the absence of any such directions, according to the customs which prevails in doing business of the same kind at the place where the agent conducts such business. When the agent acts otherwise and any loss is sustained by the Principal, he must indemnify him, and, if any profit accrues, he must account for it. (ii) Duty of reasonable care and skill: According to section 212, an agent is bound to conduct the business of the principal with as much skill as is generally possessed by persons engaged in similar business, unless the principal has notice of his want of skill. The agent is always bound to act with reasonable diligence, and to use such skill as he possesses; and to make compensation to his principal in respect of the direct consequences of his own neglect, want of skill or misconduct, but not in respect of loss of damage which are indirectly or remotely caused by such neglect, want of skill or misconduct. (iii) Duty to render proper accounts [Section 213]: An agent is bound to render proper accounts to his principal on demand. Rendering accounts does not mean showing the accounts but the accounts supported by vouchers. (iv) Agent's duty to communicate with principal [Section 214]: It is the duty of an agent, in cases of difficulty, to use all reasonable diligence in communicating with his principal, and in seeking to obtain his instructions. (v) Duty not to deal on his own account: Agent should not deal on his own account without first obtaining the consent of the principal, otherwise the principal may— (a) repudiate the transaction, (Section 215) (b) claim from the agent any benefit which may have resulted to him from the transaction. (Section 216) (vi) Duty not to make secret profits: It is the duty of an agent not to make any secret profit in the business of agency. His relationship with the principal is of fiduciary nature and this requires absolute good faith in the conduct of agency. Secret Profit means any advantage obtained by the agent over and above his agreed remuneration and which he would not have been able to make but for his position as agent. (vii) Duty not to delegate: According to section 190, an agent cannot lawfully employ to perform acts which he has expressly or impliedly undertaken to perform personally, unless by the ordinary custom of trade a sub-agent may, or, from the nature of agency, a sub- agent, must be employed. (viii) Agent's duty to pay sums received for principal [Section 218]: Subject to such deductions, the agent is bound to pay to his principal all sums received on his account. (ix) Duty not to use any confidential information received in the course of agency against the principal.