Indian Contract Act, 1872
215. Right of principal when agent
deals, on his own account, in business of agency without principal's consent
If an agent deals on his own account in the business of the
agency, without first obtaining the consent of his principal and acquainting
him with all material circumstances which have come to his own knowledge on the
subject, the principal may repudiate the transaction, if the case shows, either
that any material fact has been dishonestly concealed from him by the agent, or
that the dealings of the agent have been disadvantageous to him.
Illustrations
(a) A direct B to sell A's estate. B buys the estate for himself
in the name of C. A, on discovering that B has bought the estate for himself,
may repudiate the sale, if he can show that B has dishonestly concealed any
material fact, or that the seals has been disadvantageous to him.
(b) A directs B to sell A's estate. B, on looking over the
estate before selling it, finds a mine on the estate which is unknown to A. B
informs A that he wished to buy the estate for himself but conceals the
discovery of the mine. A allows B to buy, in ignorance of the existence of the
mine. A, on discovering that B knew of the mine at the time he bought the
estate, may either repudiate or adopt the sale at his option.