Rahul directs Sarthak to sell laptops for him and agrees to give Sarthak eleven percent (11%) commission on the sale price fixed by Rahul for each…
CA Foundation · Business Laws · RTP · September 2026
Rahul directs Sarthak to sell laptops for him and agrees to give Sarthak eleven percent (11%) commission on the sale price fixed by Rahul for each laptop. As Government of India put restrictions on import of Laptops, Rahul thought that the prices of laptops might go up in near future and he revokes Sarthak's authority for any further sale. Sarthak, before receiving the letter at his end sold 5 laptops at the price fixed by Rahul. Sarthak asked for 11% commission on the sale of 5 Laptops for ₹ 1 lakh each. Explain under the provisions of the Indian Contract Act, 1872: (i) Whether sale of laptops after revoking Sarthak's authority is binding on Rahul? (ii) Whether Sarthak will be able to recover his commission from Rahul, if yes, what will be the amount of such commission?
Suggested Answer and Working Notes:
When termination of agent's authority takes effect as to agent, and as to third persons [Section 208 of the Indian Contract Act, 1872]: The termination of the authority of an agent does not, so far as regards the agent, take effect before it becomes known to him, or, so far as regards third persons, before it becomes known to them. In the instant case, (i) The revocation of Sarthak's authority becomes effective only when it is communicated to and received by Sarthak. Since Sarthak had not received the revocation letter at the time of selling the laptops, his authority to sell on behalf of Rahul was still valid. Hence, the sale of laptops conducted by Sarthak is binding on Rahul. (ii) Sarthak is entitled to receive his commission for the sales made while he still had the authority to sell. Since he sold the laptops before receiving the revocation, he is entitled to his commission as per the initial agreement with Rahul. Amount of Commission: Sarthak sold 5 laptops at the price fixed by Rahul, which is ₹1 lakh each. The total sales amount to ₹5 lakh. The agreed commission rate is 11% i.e. ₹ 55,000.
Topics: The Indian Contract Act, 1872
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