Question: the Law of Customs with respect to the Contract of Agency

[QUESTION]
Questioner:  Rohan
Category:  Law School
Category:  Law of Customs

Hi
I need some help regarding Contract of Agency. I need a list of sections or areas of Agency Contract that have been affected by or derived from Law of Customs. I am looking at the Indian Contract Act 1872, which is the same as the one passed in UK during that period. This is really important as it is for my personal research.

Thanks
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[ANSWER]

Hello Rohan,
Actually, Agency Law derives from the Fiduciary Duty that arises from the relationship of trust and confidence between the parties. Here are some examples of such relationships: employer-employee, parent-child, attorney-client, etc. The ‘Fiduciary Duty’ originated under ‘Equity’ (a Law-like system) originating from Roman Law; after/around the time (I believe) of the mass conversion of the Pagans to Christianity. This Equitable Jurisdiction was later adopted as a separate but complementary counterpart to the English ‘At Law’ legal system, for the purpose of balancing and offsetting the inequitable and unjust results of the Legal system. To put this issue into its proper historical context, England, then, was a Monarchy. And thus, had a dual-class (citizenship) system between the commoner and the aristocrats. The Aristocrats by their ‘birth right’ owned the Law. Good luck on your research project,

Frank Rappa, J.D.