§ 10-6-60. Principal Bound for Neglect and Fraud of Agent
The principal shall be bound for the care, diligence, and fidelity of his agent in his business, and hence he shall be bound for the neglect and fraud of his agent in the transaction of such business. History. Orig. Code 1863, § 2179; Code 1868, § 2175; Code 1873, § 2201; Code 1882, § 2201; […]
§ 10-6-61. When Principal Liable for Agent’s Willful Trespass
The principal shall not be liable for the willful trespass of his agent unless done by his command or assented to by him. History. Orig. Code 1863, § 2181; Code 1868, § 2177; Code 1873, § 2203; Code 1882, § 2203; Civil Code 1895, § 3031; Civil Code 1910, § 3603; Code 1933, § 4-312. […]
§ 10-6-62. When Principal to Benefit From Agent’s Contract; Defenses Against Undisclosed Principal
The principal shall have advantage of his agent’s contracts in the same manner as he shall be bound by them, so far as they come within the scope of his agency. If, however, the agency shall have been concealed, the party dealing with him may set up any defense against the principal which he has […]
§ 10-6-63. When Principal May Recover Money or Goods Illegally or Mistakenly Paid or Wrongfully Transferred by Agent
The principal may recover back money paid illegally or by mistake of his agent or goods wrongfully transferred by the agent, the party receiving the goods having notice of the agent’s want of authority or willful misconduct. History. Orig. Code 1863, § 2183; Code 1868, § 2179; Code 1873, § 2205; Code 1882, § 2205; […]
§ 10-6-80. Agent May Prosecute Legal Remedies for Principal; Parol Authority; Liability if Act Repudiated
Any act authorized or required to be done under this Code by any person in the prosecution of his legal remedies may be done by his agent; and for this purpose he is authorized to make an affidavit and execute any bond required, though his agency shall be created by parol. In all such cases, […]
§ 10-6-81. Recovery of Money Paid to or by Agent by Mistake
If money shall be paid to an agent by mistake and he in good faith shall pay it over to his principal, he shall not thereafter be personally liable therefor. In all other cases he shall be liable for its repayment. If money shall be paid by an agent by mistake, he may recover it […]
§ 10-6-82. Agent’s Right of Action on Principal’s Contracts
Generally, an agent shall have no right of action on contracts made for his principal. The following are exceptions: A factor contracting on his own credit; Where promissory notes or other evidences of debt are made payable to an agent of a corporation; In all cases where the contract is made with the agent in […]
§ 10-6-83. Right of Action by Agent for Interference With Possession
An agent having possession, actual or constructive, of the property of his principal shall have a right of action for any interference with that possession by third persons. History. Orig. Code 1863, § 2188; Code 1868, § 2184; Code 1873, § 2210; Code 1882, § 2210; Civil Code 1895, § 3038; Civil Code 1910, § […]
§ 10-6-52. Ratification Relates Back to Agent’s Act; How Act Ratified; No Revocation of Ratification
A ratification by the principal shall relate back to the act ratified and shall take effect as if originally authorized. A ratification may be express or implied from the acts or silence of the principal. A ratification once made may not be revoked. History. Orig. Code 1863, § 2170; Code 1868, § 2166; Code 1873, […]
§ 10-6-84. When Agent Exceeding Authority May Enforce Contract
When the agent shall exceed his authority so that the principal is not bound, the agent may not enforce the contract in his own name against the person with whom he deals unless the contract shall have been fully executed upon the part of the agent or the credit was originally given to the agent. […]