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Liability of Agent to third parties Name of principal disclosed Agent is not liable except: Where the agent contracts outside the scope of his actual

Liability of Agent to third parties

  • Name of principal disclosed
  • Agent is not liable except:
  • Where the agent contracts outside the scope of his actual or apparent authority;
  • Agent agrees to be liable;
  • Usage or custom makes the agent liable;
  • Agent contracts by deed in his own name; and
  • Where the principal is in fact non-existent.
  • Kelner v Baxter (1866): where promoters of a company signed"on behalf of the proposed company" for goods.
  • Black v Smallwood (1966): where the directors signed as directors on behalf of the company.

Among them, I hope to explain the meaning of "Usage or custom makes the agent liable;" and give examples.

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