Agent To Third Party

Question 1

A F Craig v Blackater

Answer 1

If agent discloses and names then they are not liable
If they don’t then they are liable
If the third party finds out at a later date then the third party chooses who to sue

Question 2

When principal is disclosed and named

Answer 2

Stone v Kimber
Armour v Duff - If it is obvious

Agent may be liable if it is within custom that they are liable to the 3rd party (Solicitor)

Question 3

When principal is disclosed but not named

Answer 3

Ferrier v Dods - Can choose who to sue

Gibb v Cunninghame - Agent liable when refuse to say who principal is

Question 4

Agent acts as though P

Answer 4

Could be liable.
Bell - If knowingly transact that not principal then not liable
Ferguson v American Cotton Oil -

Question 5

Ostensible agency

Answer 5

When act without authority then principal may ratify it.