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in the context of agency ,an agent will NOT be liable for a contractin which of the following instances?
A when the agent fails to disclose that they are acting as such
B when the agent intends to take the benefit of the contract and does not disclose they are acting as an agent
C when the agent acts on their behalf although claiming to be an agentthere were only three options
i think the answer is B because agents should not take benefits of the contract …right?If the agent claims to be an agent, then the principal is liable under the contract
But then the principal can sue the agent to recover the costs
The question asks for whether the agent is liable in contract and the answer is no. But he’ll be liable to the principal afterwards
but an agent may be held personally liable where
? the agent enters into a contract without disclosing the existence of a principal
? the agent acts on own behalf even though claiming to act on behalf of a principal
? normal trade custom has established liability on the agenti copy the above from the notes sir…..option c is it not the same with second point above?im confused now
Where an agent enters into a contract without disclosing that he’s an agent, he’s personally liable on the contract
Where an agent enters into a contract and discloses that he’s an agent, he’s not personally liable on the contract. However, if he’s acted beyond the limits of his authority then he will likely find himself liable to the principal who will sue for breach of agency powers.
But he’s not liable ON THE CONTRACT
OK?
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