Mr. Ahuja of Delhi engaged Mr. Singh as his agent to buy a house in West Extension area. Mr. Singh bought a house for Rs. 20 lakhs in the name of a nominee and then purchased it himself for Rs.24 lakhs. He then sold the same house to Mr. Ahuja for Rs 26 lakhs. Mr. Ahuja later comes to know the mischief of Mr. Singh and tries to recover the excess amount paid to Mr. Singh. Is he entitled to recover any amount from Mr. Singh? If so, how much explain.
Agent is not to deal on his own account. If the agent wants to do deal on his own account, he must disclose all the material facts to his principal and obtain his consent. The principal can rescind the contract, if any material facts were dishonestly concealed by the agent or the dealings of the agent on his own account have been disadvantageous to the principal.
Agent is not to deal on his own account. If the agent wants to do deal on his own account, he must disclose all the material facts to his principal and obtain his consent. The principal can rescind the contract, if any material facts were dishonestly concealed by the agent or the dealings of the agent on his own account have been disadvantageous to the principal.
Agent can not make any secret profit out of the business of agency. If the agent deals on his own account without disclosing it to the principal, the principal is entitled to claim from the agent any benefit received by him, out of such transaction. Mr. Ahuja engages Mr. Singh as his agent for purchase of a house. Mr. Singh purchases a house in the name of the nominee and then purchases the same house on behalf of Mr. Ahuja (his principal), thus making a profit of Rs. 4 lakhs. However, he does not disclose these facts to Mr. Ahuja. Non-disclosure of profit of Rs.4 lakhs made by Mr. Singh amounts to a beach of duty by Mr. Singh. Therefore, Mr. Ahuja is entitled to claim the secret profit of Rs. 4 lakhs made by Mr. Singh.
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