Question: My question is: How can I answer this answer using ILAC method but only I only confuse with Application part. Below is my answer for
My question is:
How can I answer this answer using ILAC method but only I only confuse with Application part.
Below is my answer for Issue and Law:
The issue is Johan do not want to pay the commission of 5% of the price of the sale as promised to Samad because Samad employ Sabri to do his duty.
The law applicable here is the agent cannot delegate his authority to other person or known as "Delegatus non potest delegare". This can be seen in Section 143 where it means that "An agent cannot lawfully employ another to perform acts which he has expressly or implied undertaken to perform personally, unless by the ordinary custom of trade a sub-agent may, or from the nature of the, a sub-agent must, be employed". The case law that related to this issue is from John McCann & CO v Pow where the agent has been employed to sell a house belonged to the principal. But, the agent delegated his authority to another person. So, the court says that the agent failed to get his commission due to his breach of duty delegating his power to another person. Such duty involved his personal skills and discretion in order to get the best price for his principle. It was not merely ministerial or clerical duty.
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