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.
(Orig. Code 1863, § 2179; Code 1868, § 2175; Code 1873, § 2201; Code 1882, § 2201; Civil Code 1895, § 3029; Civil Code 1910, § 3601; Code 1933, § 4-311.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 3 Am. Jur. 2d, Agency, §§ 251, 252, 262 et seq.
C.J.S.- 2A C.J.S., Agency, § 447 et seq.
ALR.
- Liability for misconduct or negligence of messenger not directly related to the service, 18 A.L.R. 1416.
Personal liability of servant or agent to third person for injuries caused by the performance or nonperformance of his duties to his employer, 20 A.L.R. 97; 99 A.L.R. 408; 96 A.L.R.2d 208.
Liability of bank in respect to funds of third persons misappropriated by bank officer or employee and used to cover his own overdraft or defalcation, 48 A.L.R. 464.
Liability of bailee for damage to or destruction of subject of bailment by servant acting for his own purposes or in violation of his instructions, 52 A.L.R. 711.
Waiver of fraud by principal's performance of contract with third person, or by payment of commissions to broker with knowledge of fraud, 69 A.L.R. 1082.
Necessity of alleging fact of agency in declaring upon contract made by party through agent, 89 A.L.R. 895.
Liability of infant for torts of his employee or agent, 103 A.L.R. 487.
Responsibility of bank for fraud of officer or agent inducing customer or debtor of bank to enter into transaction with such officer or agent personally or with third person, 117 A.L.R. 389.
Authority of agent who delivers commercial paper or other obligation to third person for collection, to receive payment of proceeds from the latter, so as to preclude principal's right to enforce payment of proceeds, 163 A.L.R. 1209.
Fraud or misrepresentation by insured's agent after loss as within provision avoiding policy for fraud or attempted fraud of insured, 24 A.L.R.2d 1220.
Employer's liability for negligence of employee in piloting his own airplane in employer's business, 46 A.L.R.2d 1050.
Real estate broker's power to bind principal by representations as to character, condition, location, quantity, or title of property, 58 A.L.R.2d 10.
Liability of proprietor of store, office, or similar business premises for injury from fall due to presence of litter or debris on floor, 61 A.L.R.2d 6.
Liability of proprietor of store, office, or similar business premises for injury from fall due to presence of obstacle placed or dropped on floor, 61 A.L.R.2d 110.
Liability of proprietor of store, office, or similar business premises for injury from fall due to presence of litter or debris on stairway, 61 A.L.R.2d 174.
Liability of proprietor of store, office, or similar business premises for injury from fall due to presence of obstacle placed or dropped on steps, 61 A.L.R.2d 205.
Principal's liability for false arrest or imprisonment caused by agent or servant, 92 A.L.R.2d 15; 93 A.L.R.3d 826.
Release of (or covenant not to sue) master or principal as affecting liability of servant or agent for tort, or vice versa, 92 A.L.R.2d 533.
Physician giving medical examination to insurance applicant as agent of insured or of insurer, 94 A.L.R.2d 1389.
Personal liability of auctioneer to owner or mortgagee for conversion, 96 A.L.R.2d 208.
Insurance agent's statement or conduct indicating that insurer's cancellation of policy shall not take effect as binding on insurer, 3 A.L.R.3d 1135.
Liability for negligence of doorman or similar attendant in parking patron's automobile, 41 A.L.R.3d 1055.
Liability of bank, to other than party whose financial condition is misrepresented, for erroneous credit information furnished by bank or its directors, officers, or employees, 77 A.L.R.3d 6.
Spouse's acceptance or retention of benefits of other spouse's fraudulent act as ratification of transaction, 82 A.L.R.3d 625.
Principal's liability for punitive damages because of false arrest or imprisonment, or malicious prosecution, by agent or employee, 93 A.L.R.3d 826.
Hospital's liability for negligence in failing to review or supervise treatment given by doctor, or to require consultation, 12 A.L.R.4th 57.