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A del credere agency/agent , in English law, is one who, selling goods for his principal on credit, undertakes for an additional commission to sell only to persons who are absolutely solvent. His position is thus that of a surety who is liable to his principal should the vendee make default.
The agreement between him and his principal need not be reduced to or evidenced by writing, for his undertaking is not a guarantee within the Statute of Frauds
A Del Credere Agent is an agent who not only establishes a privity of contract between his principal and the third party, but who also guarantees to his principal the due performance of the contract by the third party. He is liable, however, only when the third party fails to carry out his contract, e.g., by insolvency. He is not liable to his principal if the third party refuses to carry out his contract
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A del credere agency/agent , in English law, is one who, selling goods for his principal on credit, undertakes for an additional commission to sell only to persons who are absolutely solvent. His position is thus that of a surety who is liable to his principal should the vendee make default.
The agreement between him and his principal need not be reduced to or evidenced by writing, for his undertaking is not a guarantee within the Statute of Frauds
One who in consideration of an extra commission, guarantees his principal that the third persons with whom he enters into contracts on behalf of the principal shall perform their financial obligations i.e. if the buyer does not pay , he will pay.II. Non- mercantile agents Does not usually deal in the buying or selling of the goods. They include Insurance agents ,Counsels or advocates, wife,etc.
Sales agent who guarantees that a buyer is trustworthy and, in case the buyer defaults, compensates the principal (the seller). To cover such risks, del credere agents charge higher than normal commission rates.
DEL CREDERE AGENCY
Del Credere Agency
There is a special type of agency, which combines agency with guarantee. This is known as del credere agency.
Adel credere agent is one who, for an extra remuneration undertakes the liability to guarantee the due performance
of the contract by the buyer. By reason of his charging a del credere commission he assumes responsibility for
the solvency and performance of the contract by the vendee and thus indemnifies his principal against loss. He,
therefore, gives an additional security to the seller, but he does not shift the responsibility of payment from the
buyer to the seller. A commission del credere is the premium or price given by the principal to the agent for
guarantee, which presupposes a guarantee.
A del credere agent like any other agent, is to sell according to the instructions of his principal, to make such
contracts as he is authorised to make for his principal and be bound, as soon as he receives the money, to hand
it over to the principal. He is distinguished from other agents simply in this that he guarantees that those persons
to whom he sells perform the contracts which he makes with them.
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> Del Credere Agency:
A del credere agency is one who, in consideration of an extra remuneration, called a del credere commission, guarantees the performance of the contract by the other party.
One who in consideration of an extra commission, guarantees his principal that the third persons with whom he enters into contracts on behalf of the principal shall perform their financial obligations i.e. if the buyer does not pay , he will pay.II. Non- mercantile agents Does not usually deal in the buying or selling of the goods. They include Insurance agents ,Counsels or advocates, wife,etc.
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Meaning of Del credere agency/agent is
A del credere agency/agent , in English law, is one who, selling goods for his principal on credit, undertakes for an additional commission to sell only to persons who are absolutely solvent. His position is thus that of a surety who is liable to his principal should the vendee make default.
The agreement between him and his principal need not be reduced to or evidenced by writing, for his undertaking is not a guarantee within the Statute of Frauds
A Del Credere Agent is an agent who not only establishes a privity of contract between his principal and the third party, but who also guarantees to his principal the due performance of the contract by the third party. He is liable, however, only when the third party fails to carry out his contract, e.g., by insolvency. He is not liable to his principal if the third party refuses to carry out his contract for example, if the buyer refuses to take delivery.