Question:medium

Which is true of contracts of agency?

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The fundamental purpose of agency is to create a link between the principal and a third party. The agent is merely a conduit. The maxim is "\textit{Qui facit per alium facit per se}" (He who acts through another acts himself). A good definition of agency must reflect this triangular relationship.
Updated On: Jul 13, 2026
  • The relation between the agent and the principal is of a trust
  • It is only when a person acts as a representative of the other in the creation, modification or termination of contractual obligations; between that other and third persons that he is an agent.
  • The only essence of a contract of agency is the agent's representative capacity.
  • None of the above
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The Correct Option is B

Approach Solution - 1

Agency questions often come down to distinguishing a loose description from the precise legal one.

  1. Relation of trust: Too loose, it borrows a term (trust) that has its own distinct legal meaning unrelated to agency.
  2. Representative capacity alone: True but incomplete, it does not say what the representation achieves.
  3. Representative in creation, modification or termination of contractual obligations with third persons: This is the complete definition, identifying both the role (representative) and its legal effect (affecting contractual obligations between the principal and third parties), which is exactly what separates an agent from other representatives.

Since this option alone supplies both elements needed for a precise definition of agency, the correct answer is (b).

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Approach Solution -2

A useful check is to ask what would happen if someone represented another person but without the power to affect contracts with third parties, would they still be an agent in the legal sense?

  1. Trust-based description: A person managing property purely as a trustee for a beneficiary represents that beneficiary's interest in a broad sense, but is not an agent because a trustee does not act to create contracts between the beneficiary and outside parties in the way an agent does.
  2. Representative capacity alone: Even a spokesperson who simply conveys another's views to the public represents that person, yet is not necessarily an agent unless that representation results in binding contractual consequences with third parties.
  3. Representative in creation, modification or termination of contractual obligations with third persons: This is what distinguishes an agent from every other kind of representative, the defining feature is that the agent's acts directly create, alter, or end contractual obligations between the principal and third parties.

Testing the definition against these contrasts shows that only this description isolates what makes someone specifically an agent in law.

Therefore, the correct answer is (b).

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