Section 213 The Indian Contract Act, 1872

Section 213 – The Indian Contract Act, 1872

📜 Title: "Agent’s duty to communicate with principal"

Text of Section 213:

"It is the duty of an agent, in cases of difficulty, to use all reasonable diligence in communicating with his principal, and in seeking to obtain his instructions."

🔍 Explanation of Section 213:

This section defines the duty of an agent to stay in touch with the principal, especially in uncertain or difficult situations.

🧠 Key Points:

Difficult Situations:

If any problem or confusion arises while performing the agent’s duties,

The agent must make reasonable efforts to contact the principal for guidance.

Reasonable Diligence:

The agent is expected to act like a responsible and prudent person, not negligently.

It doesn’t require perfection but does require genuine effort to communicate.

Why This Matters:

It helps prevent unauthorized decisions by agents.

It protects both the principal’s interest and the agent from liability.

⚖️ Illustration:

A appoints B to sell a machine.

While negotiating, B receives two offers — one at a higher price with late payment, and another at a lower price with instant payment.

B should consult A before accepting either, as it is a case of difficulty.

Conclusion:

Section 213 emphasizes clear communication and responsibility in the principal-agent relationship, especially in complex or unclear scenarios.

 

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