Indian Contract Act, 1872
211. Agent's duty in conducting
principal's business
An agent is bound to conduct the business of his principal
according to the directions given by the principal, or in the absence of any
such directions according to the customs which prevails in doing business of
the same kind at the place where the agent conducts such business. When the
agent acts otherwise, if any loss be sustained, he must make it good to his
principal and if any profit accrues, he must account for it.
Illustrations
(a) A, an agent engaged in carrying on for B a business, in
which it is the custom to invest from time to time, at interest, the moneys which
may be in hand, on its to make such investment. A must make good to B the
interest usually obtained by such investments.
(b) B, a broker in whose business it is not the custom to sell
on credit, sells goods of A on credit to C, whose credit at the time was very
high. C, before payment, becomes insolvent. B must make good the loss to A.