Diligence Required of Agent

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An agent for hire shall be bound to exercise, about the business of his principal, that ordinary care, skill, and diligence required of a bailee for hire. A voluntary agent, without hire or reward, shall be liable only for gross neglect.

(Orig. Code 1863, § 2163; Code 1868, § 2159; Code 1873, § 2185; Code 1882, § 2185; Civil Code 1895, § 3009; Civil Code 1910, § 3581; Code 1933, § 4-203.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Agency, § 213 et seq.

C.J.S.

- 2A C.J.S., Agency, § 305 et seq.

ALR.

- Liability of agent for shrinkage or shortage in commodity purchased for principal, 8 A.L.R. 1120.

Duty of factor, broker, or commission merchant with respect to care and protection of goods entrusted to him, 17 A.L.R. 538.

Liability of real estate agent or broker to employer because of unfit character of purchaser or tenant procured by him, 60 A.L.R. 1379.

Personal liability of agent in respect of funds received from third person and turned over to principal not entitled thereto, 82 A.L.R. 307.

Advertising agency as agent of advertising medium or of advertiser, 53 A.L.R.2d 1139.

Liability of vendor's real-estate broker or agent to purchaser or prospect for misrepresenting or concealing offer or acceptance, 55 A.L.R.2d 342.

Real-estate broker's liability to principal for accepting note, check, or property, rather than cash, as earnest money, 59 A.L.R.2d 1455.

Right of principal to recover punitive damages for agent's or broker's breach of duty, 67 A.L.R.2d 952.

Liability of real-estate broker to principal for negligence in carrying out agency, 94 A.L.R.2d 468.

Liability of insurance agent, for exposure of insurer to liability, because of failure to cancel or reduce risk, 35 A.L.R.3d 792.

Liability of insurance agent, for exposure of insurer to liability, because of failure to fully disclose or assess risk or to report issuance of policy, 35 A.L.R.3d 821.

Liability of insurance agent, for exposure of insurer to liability, because of issuance of policy beyond authority or contrary to instructions, 35 A.L.R.3d 907.

Liability of insurance agent or broker on ground of inadequacy of liability insurance coverage procured, 72 A.L.R.3d 704, 60 A.L.R.5th 165.

Liability of insurance agent or broker on ground of inadequacy of life, health, and accident insurance coverage procured, 72 A.L.R.3d 735.

Liability of insurance agent or broker on ground of inadequacy of property insurance coverage procured, 72 A.L.R.3d 747.

Liability of insurance agent or broker for placing insurance with insolvent carrier, 42 A.L.R.5th 199.


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