It is also necessary to properly understand the distinction between an agent and a bailee. There is too much of similarity between the two and at times a bailee might be acting as an agent and an agent may be acting as a bailee.
Although there are the following points of similarity, yet there is some distinction between the two:
Similarity between Agent and Bailee:
1. Degree of care to be exercised by a bailee and an agent is the same, i.e, ordinary care.
2. A bailee may become an agent in case the principal asks him to dispose of the property.
3. Likewise, an agent may be in possession of principal's property, as such, to thai extent he is a liable.
1. An agent is appointed to represent the principal or to act on his behalf.
2. Possession of goods is not necessary for the relationship of agency to persist.
3. An agency is generally remunerative.
4. A principal is liable for the acts of the agent.
1. A bailee has no power either to represent the principal or to act on his behalf.
2. The relationship of bailment exists so long as the bailee is in possession of the goods belonging to the bailor.
3. A bailment may be gratuitous.
4. A bailor is not liable for the acts of the bailee.
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