All agents, by an express undertaking to that effect, may render themselves individually liable. Every agent exceeding the scope of his authority shall be individually liable to the person with whom he deals; so, also, for his own tortious act, whether acting by command of his principal or not, he shall be responsible; for the negligence of his underservant, employed by him in behalf of his principal, he shall not be responsible.
History. Orig. Code 1863, § 2191; Code 1868, § 2187; Code 1873, § 2213; Code 1882, § 2213; Civil Code 1895, § 3041; Civil Code 1910, § 3613; Code 1933, § 4-409.
Cross references.
Imputing of negligence of one person to another person generally, § 51-2-1.
Law reviews.
For annual survey of law on business associations, see 62 Mercer L. Rev. 41 (2010).
Structure Georgia Code
Article 4 - Rights and Liabilities of Agent as to Third Persons
§ 10-6-81. Recovery of Money Paid to or by Agent by Mistake
§ 10-6-82. Agent’s Right of Action on Principal’s Contracts
§ 10-6-83. Right of Action by Agent for Interference With Possession
§ 10-6-84. When Agent Exceeding Authority May Enforce Contract
§ 10-6-86. Liability of Person Signing Instrument as Agent or Fiduciary
§ 10-6-87. When Agent Responsible for Credit Given; Question for Jury
§ 10-6-88. When Public Agent Not Liable on Public Contract
§ 10-6-89. Contract for Nonexisting Principal Void; Right of Action Against Purported Agent