The agent's hand: liability and disputes

This chapter deals with the hand of the agent (yad al-wakil): the status of a stipulation imposing liability upon him, then the situations of disagreement between the principal and his agent: over transgression or negligence, over loss, over the authorized act and the collection of the price, over restitution, over the very existence of the mandate, over its particulars, over the collection of a debt and over its discharge. For each situation, the views of the four schools are set out with their justifications and classical references.

Parts of this section

• The stipulation of liability against the agent
• Fifth situation: disagreement over the very existence of the mandate