Shyam Jewels, one of Mumbai's biggest jewelry stores, contract with Gold leaf Wholesalers in electronic form. Gold leaf specializes in High-quality Gold and Diamond Jewelry. Under the contract, the gold leaf was supposed

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2025
Shyam Jewels, one of Mumbai's biggest jewelry stores, contract with Gold leaf Wholesalers in electronic form. Gold leaf specializes in High-quality Gold and Diamond Jewelry. Under the contract, the gold leaf was supposed to provide jewelry amounting to ₹ 25 lakh on credit to Shyam Jewels, with payment due in 90 days. To fulfill this financial obligation, X, the friend of owner of Shyam Jewels, signed a personal guarantee and Y, business partner of Shyam Jewels secured the transaction with a lien on his expensive car. Upon receiving the consignment, Shyam Jewels defaulted on its payment obligations within the stipulated period. Despite multiple legal notices, the payment remained due, which entitles the aggrieved party to compensation for loss or damage caused by this act. As X had provided a personal guarantee, Gold Leaf Wholesalers initiated recovery proceedings against him. There is an agreement in which a surety undertakes liability in the event of the principal debtor's default. Y's luxury car had been pledged as security for the debt. Upon default, Gold Leaf exercised its statutory right, which empowers the Gold Leaf to sell the pledged goods after providing reasonable notice to the Y. The proceeds from the sale were appropriated towards the outstanding liability. During the course of legal proceedings, it was ascertained that Shyam Jewels had engaged A, as an agent to procure jewelry from Gold Leaf. The commercial transaction between Shyam Jewels and Gold Leaf falls within the ambit of the Sale of Goods Act, 1930, as it involved the transfer of ownership of goods in exchange for monetary consideration. In view of the above details, answer the following questions with reasons: Under what circumstances an agent can be held personally liable ?

Answer & Explanation:

An agent is personally liable in the following cases: Where the agent has agreed to be personally liable to the third-party. Where an agent acts for a principal residing abroad. When the agent signs a negotiable instrument in his own name without making it clear that he is signing it only as agent. When an agent acts for a principal who cannot be sued (e.g., he is minor), the agent is personally liable. An agent is liable for breach of warranty of authority. Where a person contracts as agent without any authority there is a breach of warranty of authority. He is liable to the person who has relied on the warranty of authority and has suffered loss. Where authority is one coupled with interest or where trade, usage or custom makes the agent personally liable, he will be liable to the third-party. The agent is also liable for his torts committed in the course of agency.

Topics: Contract Law

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic