ADVERTISEMENTS:
A sub-agent is a person employed by and acting under the control of the original agent in the business of the agency (Sec. 190). In simple words, a sub-agent is the agent of the agent. Thus, an agent is the principal of the sub-agent. He really acts in the double capacity. He is an agent of the principal and at the same time, is the principal of the sub-agent.
Exceptions :
As a general rule, an agent cannot appoint a sub-agent. However, in the following cases, an agent can appoint a sub-agent:
ADVERTISEMENTS:
1. A sub-agent may be appointed if there is a custom of the trade to appoint a sub-agent.
2. Again, a sub-agent may be appointed where the nature of the work is such that a sub-agent is necessary.
3. Where the principal expressly or impliedly allows the appointment of a sub-agent.
4. Where the work to be done is purely ministerial and does not depend upon personal skill, experience, etc. of the agent.
ADVERTISEMENTS:
5. Where the principal is aware that the agent will delegate his authority.
6. Where an emergency makes it necessary to appoint a sub-agent.