Agency - K and tort liability of A to third parties

Question 1

A’s tort liability

Answer 1

A is liable to third parties for A’s negligent and intentional conduct but NOT for P’s tort

Question 2

A’s K liability for disclosed P

Answer 2

A doesn’t become a party if he enters into it on behalf of P and 3rd party has notice of P’s existence and identity

Question 3

A’s K liability for partially disclosed P

Answer 3

A becomes party to K and thus is liable when 3rd party only has notice of P’s existence but NOT identity

Question 4

A’s K liability for undisclosed P

Answer 4

If A binds P to contract and 3rd party has no notice of P’s existence then both P and A are parties and are liable

Question 5

3rd party liability to undisclosed P

Answer 5

liable unless P is excluded by contract terms or P’s existence was fraudulently concealed

Question 6

undisclosed P’s liability to 3rd party

Answer 6

liable if

• 3rd party detrimentally changes position because A without actual authority AND
• P knew of A’s conduct and
• P did not take reasonable steps to notify the 3rd party