28-10-602. Principal's responsibility for agent's negligence, omissions, and wrongs. (1) Unless required by or under the authority of law to employ that particular agent, a principal is responsible to third persons for the negligence of the principal's agent in the transaction of the business of the agency, including wrongful acts committed by the agent in and as a part of the transaction of business, and for the agent's willful omission to fulfill the obligations of the principal.
(2) A principal is not responsible for other wrongs committed by the principal's agent except those mentioned in subsection (1) unless the principal has authorized or ratified the acts, even though they are committed while the agent is engaged in the principal's service.
History: En. Secs. 3118, 3119, Civ. C. 1895; re-en. Secs. 5450, 5451, Rev. C. 1907; re-en. Secs. 7965, 7966, R.C.M. 1921; Cal. Civ. C. Secs. 2338, 2339; Field Civ. C. Secs. 1253, 1254; re-en. Secs. 7965, 7966, R.C.M. 1935; R.C.M. 1947, 2-209, 2-210; amd. Sec. 806, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 28. Contracts and Other Obligations
Part 6. Rights and Liabilities of Principal
28-10-601. Accrual of rights and liabilities to principal
28-10-602. Principal's responsibility for agent's negligence, omissions, and wrongs
28-10-603. When instrument binds principal
28-10-604. When notice to principal or agent is notice to the other
28-10-605. Extent to which principal bound when agent exceeds authority
28-10-606. Extent to which principal bound by acts under ostensible authority
28-10-607. When principal bound by incomplete execution of authority
28-10-608. Rights of person who deals with agent without knowledge of agency
28-10-609. Principal's liability when agent given exclusive credit