Indian Contract Act, 1872
220. Agent not entitled to remuneration
for business misconducted
An agent who is guilty of misconduct in the business of the
agency, is not entitled to any remuneration in respect of that part of the
business which he has misconducted.
Illustrations
(a) A employs B to recover 1, 00,000 rupees from C, and to lay
it out on good security. B recovers the 1,00,000 rupees and lays out 90,000
rupees on good security, but lays out 10,000 rupees on security which he ought
to have known to be bad, whereby A loses 2,000 rupees. B is entitled to
remuneration for recovering the 1,00,000 rupees and for investing the 90,000
rupees. He is not entitled to any remuneration for investing the 10,000 rupees,
and he must make good the 2,000 rupees to B.
(b) A employs B to recover 1,000 rupees from C. Through B's
misconduct the money is not recovered. B is entitled to no remuneration for his
services and must make good the loss.