Delegata non potest delegari

Meaning:

This legal maxim means there cannot be re-delegation of powers already delegated.

Details:

Section 190 of the Indian Contract Act, 1872, is based on the legal maxim i.e. Delegata non potest delega. It deals with the duty delegated to the agent by its Principal. It implies that it is the duty of an agent not to delegate his functions to a sub-agent, delegated to him by the principal.

Thus, an agent cannot delegate his duty except with the express or implied assent of the principal. If the agent delegates his authority then the principal will not be bound by the act or contract of the sub-agent whose appointment is not sanctioned. The rule and its limitations of the maxim “Delegata non potest delega” were elaborately explained in a leading English case De Bussche v. Alt (1878) 8 Ch. D. 286.