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11 The Tortious Liabilities of Principal and Agent

From: Agency: Law and Principles (4th Edition)

Roderick Munday

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 03 March 2024

Agent's duties and liabilities — Legal relations between agent and third party — Damages

This chapter discusses how both principal and agent may incur personal liability for torts they commit, wherein the liabilities of principals for the torts of their agents overlap to a considerable degree with the liability of an employer for the torts of his employee. It addresses questions on what precise circumstances a principal will be held liable for tortious acts of his agent that harm third parties. It also explains how an agent is personally liable for torts he commits in the course of his agency that occasion damage to a third party. The chapter talks about how an employee or agent may not be held personally liable for actions which otherwise might carry tortious liability. It describes the agent’s tortious liability flows from a negligent misstatement.

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