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12 Legal Relations between Agent and Third Party

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 principal and third party — Legal relations between agent and third party — Contract

This chapter talks about an agent acting for a disclosed principal that normally can neither sue nor be sued by the third party on contracts he has concluded on behalf of that principal. It covers the object in bringing the principal and third party into direct contractual relations in cases of disclosed agency. It also describes an agent that can exceptionally acquire rights and incur liabilities under his principal’s contract either under the terms of the contract he has concluded on the principal’s behalf, or under a collateral contract. The chapter cites exceptions to the general rule that an agent does not customarily acquire rights or incur liabilities under his principal’s contract. It discusses how an agent may expressly agree to incur personal liability and acquire rights under contracts he makes with third parties.

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