Section 135
Section 135
An “agent” is a person employed to do any act for another or to represent another in dealings with third persons. The person for whom such act is done, or who is so represented, is called the “principal”.
Person who may employ agent 136.
Any person who is of the age of majority according to the law to which he is subject, and who is of sound mind, may employ an agent.
Person who may be agent 137.
As between the principal and third persons, any person may become an agent; but no person who is not of the age of majority and of sound mind can become an agent, so as to be responsible to his principal according to the provisions in that behalf contained in this Part.
Consideration not necessary 138.
No consideration is necessary to create an agency.
Contracts
B.L.R.O. 3/2023 71
Agent’s authority may be expressed or implied 139.
The authority of an agent may be expressed or implied.
Definitions of express and implied authority 140.
An authority is said to be express when it is given by words spoken or written. An authority is said to be implied when it is to be inferred from the circumstances of the case; and things spoken or written, or the ordinary course of dealing, may be accounted circumstances of the case.
Illustration
A owns a shop in Tutong, living himself in Kuala Belait and visiting the shop occasionally. The shop is managed by B and he is in the habit of ordering goods from C in the name of A for the purpose of the shop and of paying for them out of A’s funds with A’s knowledge. B has as implied authority from A to order goods from C in the name of A for the purposes of the shop.
Extent of agent’s authority 141.
An agent having an authority to do an act has authority to do every lawful thing which is necessary in order to do such act.
An agent having an authority to carry on a business has authority to do every lawful thing necessary for the purpose or usually done in the course of conducting such business.
Illustrations
(a)
A is employed by B, residing in London, to recover at Brunei Darussalam a debt due to B. A may adopt any legal process necessary for the purpose of recovering the debt and may give a valid discharge for the same.
(b)
A constitutes B his agent to carry on his business of a shipbuilder. B may purchase timber and other materials, and hire workmen, for the purpose of carrying on the business.
Agent’s authority in emergency 142.
An agent has authority, in an emergency, to do all such acts for the purpose of protecting his principal from loss as would be done by a person of ordinary prudence, in his own case, under similar circumstances.
Contracts 72
Illustrations
(a)
An agent for sale may have goods repaired if it be necessary.
(b)
A consigns provisions to B at Kuala Belait, with directions to send them immediately to C at Kuching. B may sell the provisions at Kuala Belait if they will not bear the journey to Kuching without spoiling.
Sub-agents
When agent cannot delegate 143.
An agent cannot lawfully employ another 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 the agency, a sub-agent must, be employed.
“Sub-agent”