Question

An agent is personally liable _______.

• A. Where the agent has agreed to be personally liable to the third-party
• B. Where an agent acts for a principal residing abroad
• C. When the agent signs a negotiable instrument in his own name without making it clear that he is signing it only as agent
• D. All of the above

Answer 1

The correct option is D All of the above

The circumstances under which an agent is personally liable to his principal acts are as follows:-

1. When he agrees with the concerned parties (Sec. 230).

2. An agent who is not having any authority to act as an agent or who has exceeded the authority and the same has not been ratified by the principal, is personally liable for any loss bearded by a third party (Sec. 235).

3. A person with whom a contract has been entered into in the character of agent is not entitled to require the performance of it, if in reality he was acting not as agent, but as principal (Sec. 236).

4. When he is acting for a foreign principal.

5. Where the agency is coupled with interest that is the agent has interest in the subject matter of the agency.

6. When the agent signs a negotiable instrument in his own name without making it clear that he is signing as an agent.

7. Where trade, usage or customs holds him liable in certain kinds of business.

8. Where the agent acts for a principal who cannot be sued an account of his being a foreign sovereign Ambassador Etc.

9. Where the agents acts for an undisclosed principal.