Agent's Liability to 3rd Parties

Question 1

Are agent’s liable to 3rd parties?

Answer 1

Yes, agents are liable to 3rd parties for harm caused by their negligence or intentional tortious conduct (whether or not they are acting within the scope of the agency relationship).

Question 2

Define fully disclosed principal

Answer 2

3rd party knows of the existence and identity of the principal (that there is a principal and who the principal is)

Question 3

Define partially disclosed principal

Answer 3

3rd party knows of the existence of a principal but not the identity of the principal.

Question 4

Rules for Agents contractual liability

Answer 4

Fully disclosed principal- agent is not liable on the K entered into on behalf of the principal

Partially disclosed and undisclosed principal - agent is liable
**(To escape personal liability, the agent must make clear to the third party that the agent is representing a principal and that the agent is not a party to the contract.)