except where
his powers are
general.
An agency is
invalid where
the terms in
which it is
exprelTed
leave a great
degree o f uncertainty
with refpeft
to the fubjett
of i t ;
A G E N C Y . . B o o k X X I I I .
may know the nature-of thé a cl for which he has been appointed, and
thence become capable of executing it-
I f , however, a perfon appoint another an abfolutc-agent, by fay-
mg tohim, purchafe for me whatever thing you may judge advife-
“ able,” in that cafe the explanation of the kind,. &,c. is unneeeflary,.
becaufe the conflituent, in this. Inftance, charges the agent with a
diferetionary care of.his interafts; and whatever, he may then, purchafe
is Confidered as in obedience to his: order.— In fa<ft, a fmall degree of
uncertainty in agency '(fuch as an uncertainty of the quality)-:is of no.
confequence, according to a .favourable conftmaion pf the law; becaufe
agency is founded on liberal principles ; and making an explana,-
tion of the yaö//(y an effential. would be a reftraint upon: it...
If the conflituent, in the appointment of his agent', fhould ufe a
word applicable to a variety of general, kinds, fuch as animal,— ora.
word which ferves to exprefea variety of meanings, fuch as B a r * ,—
m this cafe the appointment of agency is invalid,, even although the
conflituent may have fpecified the amount of the price ; for articles of
each kind may be purchaled for the fame price;, and it is not known
which kind, the conflituent wifhes.— Hence the agency in this cafe,
on account of the great degree of uncertainty, beeomesiimpraaicable.
If, alfo, the word ufed be applicable to a variety o f fpecies, the agency
is invalid, unlefs the conflituent fpecify.the.prrce,. or define the fpecies,
though he fhould not mention the goodnefs.or badnefs of the quality.
If, however, he fpecify the price, or deftne the quality, the agency
is valid, becaufe the fpecification o f the price leads to a knowledge of
the fpecies; and the mention of the fpecies leaves only the uncertainty
of the quality, which is confidered a degree of uncertainty fo trifing
as not to prevent the. execution of the agency. Thus, if a perfon
conflitute another his agent for .the purchafe of “ a flave, whether
* T h is word figiiifies a htmfe, a /take, and a variety o f other meanings.
male
male or female;” the agency is invalid, becaufe “ a flave, whether
“ male or female,” applies to a variety of fpecies. If, however, he
-explain the particular fpecies, (fuch as Burkifh, Abyffinian, Indian, or
of a mixed defcent,) the appointment is valid.— In the fame manner,
alfo, the appointment is valid where the price only is fpecified, becaufe
in that cafe (as was before explained) a fmdll-degree only of uncertainty
remains.— It is recorded in the Jama Sagheer, that if a perfon
defire another to purchafe for him doth, or an animal*, or a houfe, the
agency is invalid, becaufe of the great degree of uncertainty; as the term
Mba (for inftance) means every animal that moves on the'face of the
earth, although, in common acceptation, it fignify either a horfe, an afs,
■ or a mule;— in the fame manner,doth is a generic term, applicable to a
variety of fpecies from the fineft filks to the coarfefl fheet of cotton ;
and the term houfe is applied to things which (with refpedl to fpecies)
are donfpicuoufly different from each other, from a variety of caufes,
fuch as neighbourhood, the abundance or paucity of rights and privileges,
or the fituation in particular lanes Or cities: from the gfeat uncertainty
in all thefe'cafes, therefore, the agency is invalid; bu tit .be- unlefs in cafe
J \ . r • r \ c r , o f fubfequent comes valid in cafe of an explanation of the price of the nouie, or the explanation,
ipecies-of the Cloth or animal.
I f a perfon give another a hundred dir ms, and fay to h im I buy A power to
■ ° . . . . purchafe/«^«
“ for me, with thefe dinmy jGod\ m that caie the word -food is con- [food] is re:
ftrued to mean wheat, or the fo u r o f wheat, on a favourable con-
ftru6tion.---Analogy would fuggeft the meaning to be any kind o f food
whatever, according to the real import of the word.— T h e reafon for
a more favourable conftru&ion, in this particular, is that the word
4aam [food,] when ufed in purchafe and fale, means (according to
general cuftom,) wheat and the flour of it; and as general cuflom muft
be preferredTo mere analogys the law, for that reafon, in all cafes, of
purchafe and fale, conftrues the word tdam [food] to mean wheat, or
the flour of it.— Some have laid that if the conftituent, in this cafe,
give many dirms, {ten, for inftance,) then the word food is conftrued to
* Arab. Ddba.
C 2 mean