Malaysia legislation
Section 160
Section 160
Revocation and renunciation may be expressed or implied
Revocation and renunciation may be expressed or may be implied in the conduct of the principal or agent, respectively.
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A empowers B to let A’s house. Afterwards A lets it himself. This is an implied revocation of B’s authority.
When termination of agent’s authority takes effect as to agent, and as to third persons 161.
The termination of the authority of an agent does not, so far as regards the agent, take effect before it becomes known to him, or, so far as regards third persons, before it becomes known to them.
(a)
A directs B to sell goods for him, and agrees to give B 5 per cent commission on the price fetched by the goods. A afterwards, by letter, revokes
B’s authority. B, after the letter is sent, but before he receives it, sells the goods for RM100. The sale is binding on A, and B is entitled to RM5 as his commission.
(b)
A, at Port Dickson, by letter directs B to sell for him some cotton lying in a warehouse in Kelang, and afterwards, by letter, revokes his authority to sell, and directs B to send the cotton to Port Dickson. B, after receiving the second letter, enters into a contract with C, who knows of the first letter, but not of the second, for the sale to him of the cotton. C pays B the money, with which B absconds. C’s payment is good as against A.
(c)
A directs B, his agent, to pay certain money to C. A dies, and D takes out probate to his will. B, after A’s death, but before hearing of it, pays the money to C. The payment is good as against D, the executor.
Agent’s duty on termination of agency by principal’s death or insanity