Cheng-Han Tan, ‘Vicarious liability in the law of agency?’

“The law of agency principally operates within the realm of contract to bring a principal and third party into a contractual relationship through an agent acting within actual or apparent authority, or where the principal has ratified an agent’s unauthorised act. Less commonly, the law of agency can operate to cause a principal to be liable for the tortious acts of her agent. The best instance of this is where a principal has procured, directed or authorised a tortious act by the agent. The agent’s wrongdoing in such circumstances flows directly from the will of the principal, agency law being premised on the existence of consent capable of affecting the principal’s legal position vis-à-vis third parties …”

€ (Westlaw)

Cheng-Han Tan, ‘Vicarious liability in the law of agency?’ [2022] 2 Journal of Business Law 164-183.

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