What is it?
The provision regarding power of attorney, are nothing but extension of the principle of agency. The delegation powers has become the need of the hour because life has become complex and fast requiring a person to do many things in a short time, as well as simultaneously. This is not practicable . Hence, delegation of powers[comes into pictures].This situation gives rise to the concept of agency.
The section 182 of the contact Act defines the words ‘Agent’ and ‘Principal’ as follows;-
An agent is a person employed to do any act for another or to represent another in dealings with third person ;the person for whom such act is done or who is so represented ,is called the ‘Principal’. Thus an agent is the connecting link between the principal and third person . This intermediately has the power to create legal relationship between the principal and third parties. The relationship of principal and agent arises where the principal gives consent that the agent a shall act on his behalf, and the agent consents so as to act.
Essential features of principal and agent[attorney]
The relationship between principal [ done of powers] and agent [ attorney] is a sort of contractual relationship. There are some essential features at this contractual relationship;- Principal must be competent to contract, section 183 of the contract Act clearly provides that any person who is of the age of majority according to the law to which he is subject, and who is of sound mind, may employs an agent. This does mean that a minor cannot a employ an agent. Any such appointment of an agent by a minor is void. Any person may become an agent. Full contractual capacity is not necessary to enable a person to represent another as agent. An infant can be an agent. But since he is incompetent to contract, he will not be responsible to his principal. Though, for a contract to be effectual there must be an element at consideration, no consideration is necessary to create an agency. Representative character and derivative authority is the distinguishing features of an agency.