AJ 010 Lecture Notes - Lecture 10: Moe Williams, Implied Consent
7 May 2020
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Responsibility of principal when agent acts w/ improper motives: General rule: motive of agent in entering into a k w/ a 3rd person is immaterial. Where the 3rd person knew that the agent was acting for his benefit, in w/c case, the principal is not liable to the 3rd person; and. Where the owner is seeking recovery of personal property of w/c he has been unlawfully deprived. Within the scope of the agent"s authority principal is subject to liability for lass caused to another by the 3rd persons reliance upon a deceitful representation of an agent in the course of his employment if: a. ) Within the implied authority of the agent to make for the principal; or c. ) apparently authorized. Beyond the scope of the agent"s authority general rule: principal is not bound. Exception: when the principal takes advantage of a k made under the false misrepresentation of his agent.
