subagent
n . 副代理人
副代理人
Subagent \
Sub *
a "
gent \,
n . (
Law )
A person employed by an agent to transact the whole ,
or a part ,
of the business intrusted to the latter . --
Bouvier .
Chitty .
[
1913 Webster ]
SUB -
AGENT .
A person appointed by an agent to perform some duty ,
or the whole of the business relating to his agency .
2 .
Sub -
agents may be considered in two points of view .
1 .
With regard to their rights and duties or obligations ,
towards their immediate employers .
2 .
As to their rights and obligations towards their superior or real principals .
3 .-
1 .
A sub -
agent is generally invested with the same rights ,
and incurs the same liabilities in regard to his immediate employers ,
as if he were the sole and real principal .
To this general rule there are some exceptions for example ,
where by the general usage of trade or the agreement of the parties ,
sub -
agents are ordinarily or necessarily employed ,
to accomplish the ends of the agency ,
there ,
if the agency is avowed ,
and the credit is exclusively given to the principal ,
the intermediate agent may be entirely exempted from all liability to the sub -
agent .
The agent ,
however ,
will be liable to the sub -
agent ,
unless such exclusive credit has been given ,
although the real principal or superior may also be liable .
Story on Ag .
Sec .
386 ;
Paley on Ag .
by Lloyd ,
49 .
When the agent employs a sub -
agent to do the whole ,
or any part of the business of the agency ,
without the knowledge or consent of his principal ,
either express or implied ,
the latter will only be entitled to recover from his immediate employer ,
and his sole responsibility is also to him .
In this case the superior or real principal is not responsible to the sub -
agent ,
because there is no privity between them .
Story on Ag .
Sec .
13 ,
14 ,
15 ,
217 ,
387 .
4 .-
2 .
Where by an express or implied agreement of the parties ,
or by the usages of trade ,
a sub -
agent is to be employed ,
a privity exists between the principal and the sub -
agent ,
and the latter may justly maintain his claim for compensation ,
both against the principal and his immediate employer ,
unless exclusive credit is given to one of them ;
and ,
in that case ,
his remedy is limited to that party .
1 Liv .
on Ag .
64 ;
6 Taunt .
R .
147 .
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