SUB-AGENT

2 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  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]



From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  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.