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 ;

Agency.

194 Sect.

3.

Rights of

Agent against Principal.

Implied contract.

In the absence of an express contract on the subject, a contract to pay remuneration may be impHed from the circumstances of the case(p). The mere fact of employment of a professional agent itself raises the presumption of a contract to remunerate him {q), the amount of the remuneration and the conditions of its payment being ascertainable from the usages of his profession (r). But he is not entitled to any further or other remuneration than the usages of the profession justify, unless he does work not strictly ancillary to the agency, in which case, and also in the case of a non-professional agent, the implied contract is to pay reasonable remuneration, having regard to the circumstances of the particular case

Kemuneration must be earned.

(s).

413. In order to entitle the agent to receive his remuneration, he

must have carried out that which he bargained to do {t), or at any rate must have substantially done so (a), and all conditions imposed by He is not, however, the contract must have been fulfilled (b). deprived of his right to remuneration, where he has done all he undertook to do, by the fact that the transaction is not beneficial to the principal (c), or that it has subsequently fallen through (c?), whether by some act (t^) or default (/) of the principal, or otherwise (^), unless there is a provision of the contract, express (h) or implied {i), to that effect, or unless the agent was himself the cause of his services being abortive (k).

Transaction in regard to

which remuneration claimed must be direct consequence of agency

414. Kemuneration can be claimed only in transactions which are the direct consequence of the agency (Q. It is not necessary that the (p) Brijant v. Flight (1839), 5 M. & W. 114. Iq) Miller v. Beal (1879), 27 W. E. 403; Manson v. Baillie (1855), 2 80; Turner v. JReeve (1901), 17 T. L. E. 592.

Broad v. Thomas (1830), 7 Bing. 99; see cases in preceding note.

(r)

and

Bead

v.

Bann

(1830), 10 B.

&

Macq C.

438

(s) Williamson y. Hint, [1891] 1 Ch. 390; Marshall y. Parsons (1841), 9 C. & P. 656. {t) Bully. Price (1831), 7 Bing. 237; Peacock y. Freeman (1888), 4 T. L. E

541. (a)

Bimmer

y. Knoiules (1874), 30

L. T. 496



Johnston

y.

Kershaiu (1867), L.

E

2 Exch. 82. {h)

Chapman

Winson (1904), 91 L. T. 17; Kirk y. Evans (1889), 6 T. L. E, by usage of trade). Lucas (1875), 33 L. T. 584; Moir y. Marten {1891), 7 T. L. E, y.

9 (conditions imposed (c)

Green

y.

330. {d) Fidlerv.

Fames (1892),

8 T. L. E. 278

Harris



y. Petherick {181 8),

39 L.

T

543.

E

(e) Horford y. Wilson (1807), 1 Taunt. 12; Piatt y. Depree (1893), 9 T. L. 194; Passingham y. King (1897), 14 T. L. E. 39. (/) Fisher y. Dreiuett (1878), 48 L. J. (ex.) 32; Bolerts y. Barnard (1884), 1 Cab. & El. 336; Lockwood y. Levick (1860), 8 0. B. (n. s.) 603. Life Assurance Co.y {g) Fidler y. Fames, sup7-a ; compare Be Sovereign Salter's Claim (1891), 7 T. L. E. 602. (h) Alder y. Boijle (1847), 4 C. B. 635 Bidl y. Price, supra ; Clack y. Wood (1882), 9 Q. B. D. 276; and compare Lara y. Hill (1863), 15 C. B. (n. s.) 45. {i) Bead y. Bann (1830), 10 B. & C. 438. k) DaltonY. Lrvin (1830), 4 C. & P. 289; Hill y. Feather stonhaugh (1831), 7 Bing. 569. Oilson y. Crick (1862), 1 H. & (0 Tril)e y. Taylor (1876), 1 C. P. D. 505 142; Toulmin y. Millar {188'i), 58 L. T. 96; Citrtis y. Nixon {1811), 24 L. T.



706.

C