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Q.Distinguish between an agent and a contractor in an agency contract.

Rajasthan RbseRBSE Rajasthan Senior Secondary (Class-12) Commerce Board 2020Subjective· 4mImportance★★★★★
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An agent represents the principal and can bind him in dealings with third parties, working under his control; an independent contractor only does an agreed job in his own way, represents no one, and is responsible for the work himself.

BasisAgentContractor (independent contractor)
RepresentationRepresents the principal and acts in his nameDoes not represent the other party; acts in his own name
Creating legal relationsCan bring the principal into contracts with third partiesCannot create legal relations between the employer and third parties
ControlWorks under the direction and control of the principal as to how work is doneDecides his own method; is not subject to detailed control, only to the agreed result
LiabilityPrincipal is liable for the agent's acts done within authorityThe contractor himself is liable for the manner and result of the work
Nature of relationshipA continuing relationship of trust and representationA relationship limited to completing a particular task
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