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Indian Contract Act, 1872

Section 142

Agency by Holding Out

Quick Answer Reference: Section 142 Contract Act

  • Provision: Section 142 of Contract Act
  • Act: Indian Contract Act, 1872
  • Classification: contract
  • Jurisdiction: India
Statutory Content

What does Section 142 of Contract Act say?

Section 142 of the Indian Contract Act, 1872, deals with the concept of 'agency by holding out.' It states that 'a person who holds out another as his agent, has thereby authority to bind him to the same extent as if he had actually authorized him to act for him.' This means that if a person represents another as his agent, or knowingly permits another to hold himself out as his agent, he is bound by the acts of that agent, even if he did not actually authorize him to act on his behalf. The section emphasizes the importance of outward appearances and the principle that a person who holds out another as his agent must accept the consequences of that representation. The courts have interpreted this section to mean that a person who holds out another as his agent must have done so in such a way that a third party would reasonably believe that the person held out was, in fact, his agent. For example, if a person allows another to sign documents on his behalf, or represents him as his agent in business dealings, he may be bound by the acts of that agent, even if he did not actually authorize him to act.

Indian StandardSection 142, Indian Contract Act, 1872
Bluebook (21st ed.)Indian Contract Act, 1872, § 142 (India)
Court Pleading StandardSection 142 of the Indian Contract Act, 1872
Canonical Web linkhttps://nyaya.cloud/acts/indian-contract-act-1872/142

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
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Common Questions about Section 142 Contract Act

What is Section 142 of Contract Act?

Section 142 of the Indian Contract Act, 1872 (Contract Act) defines and regulates "Agency by Holding Out". The section states: Section 142 of the Indian Contract Act, 1872, deals with the concept of 'agency by holding out.' It states that 'a person who holds out another as his agent, has thereby authority ...

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