Both agent and trustee exercise their powers and authority in the interest and on behalf of other persons and further both has a representative character. These similarities should not be permitted to regard them as similar in all respect. The points of distinction between the two are stated below:
(a) A trustee exercises powers in his own name and on his behalf where as an agent exercises merely the delegated powers, i.e. the powers given to him by the principal.
(b) The property which the trustee manages is vested in him but an agent doing the very same thing is dealing not with his own property, but with the property of the principal.
(c) When an agent makes a contract on behalf of the principal, he thereby create a privacy of contract between the principal and the third party, where as when a trustee does the same thing, the contract is for him and only for him.
(d) An agent represents and acts for his principal where as a trustee represent and acts for the beneficiary.
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