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Indian Contract Act, 1872

Section 149

Agent's authority in an emergency

Quick Answer Reference: Section 149 Contract Act

  • Provision: Section 149 of Contract Act
  • Act: Indian Contract Act, 1872
  • Classification: contract
  • Jurisdiction: India
Statutory Content

What does Section 149 of Contract Act say?

Section 149 of the Indian Contract Act, 1872, states that 'an agent has authority, in case of an emergency, to do all such acts as a person of ordinary prudence would do under similar circumstances.' This means that an agent has the authority to take necessary steps in an emergency, even if it is not within his express or implied authority. The section emphasizes the importance of an agent acting with ordinary prudence in an emergency, as an agent's actions are binding on the principal only to the extent of his authority. The courts have interpreted this section to mean that an agent's authority in an emergency is limited to acts that are necessary to prevent harm or injury to the principal or his property.

Indian StandardSection 149, Indian Contract Act, 1872
Bluebook (21st ed.)Indian Contract Act, 1872, § 149 (India)
Court Pleading StandardSection 149 of the Indian Contract Act, 1872
Canonical Web linkhttps://nyaya.cloud/acts/indian-contract-act-1872/149

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 149 Contract Act

What is Section 149 of Contract Act?

Section 149 of the Indian Contract Act, 1872 (Contract Act) defines and regulates "Agent's authority in an emergency". The section states: Section 149 of the Indian Contract Act, 1872, states that 'an agent has authority, in case of an emergency, to do all such acts as a person of ordinary prudence would do under simi...

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