Indian Contract Act, 1872
238. Effect, on agreement, of
misrepresentation or fraud by agent
Misrepresentation made or fraud committed, by agent acting in
the course of their business for their principals, have the same effect on
agreements made by such agents as if such misrepresentations of frauds had been
made or committed by the principals; but misrepresentations made, or frauds
committed, by agents, in matters which do not affect their authority, do not
affect their principals
Illustrations
(a) A, being B's agent for the sale of goods, induces C to buy
them by a misrepresentation, which he was not authorized by B to make. The
contract is voidable, as between B and C, at the option of C.
(b) A, the captain of B's ship, signs bills of lading without
having received on board the goods mentioned therein. The bills of lading are
void as between B and the pretended consignor.