Montana Statutes
§ 28-10-702 — When Agent Responsible To Third Persons As Principal
Montana·Title 28 CONTRACTS AND OTHER OBLIGATIONS·Ch. 10 AGENCY·Part 7 Agent's Responsibility to Third Persons
28-10-702 . When agent responsible to third persons as principal. A person who assumes to act as an agent is responsible to third persons as a principal for acts in the course of the agency in any of the following cases and in no other:
(1)when, with the agent's consent, credit is given to the agent personally in a transaction;
(2)when the agent enters into a written contract in the name of the principal without believing in good faith that the agent has authority to do so; or
(3)when the agent's acts are wrongful in their nature.
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Legislative History
En. Sec. 3131, Civ. C. 1895; re-en. Sec. 5453, Rev. C. 1907; re-en. Sec. 7968, R.C.M. 1921; Cal. Civ. C. Sec. 2343; Field Civ. C. Sec. 1256; re-en. Sec. 7968, R.C.M. 1935; R.C.M. 1947, 2-212; amd. Sec. 813, Ch. 56, L. 2009.
Nearby Sections
15
§ 28-10-101
Definitions Of Agent And Agency§ 28-10-102
General Versus Special Agents§ 28-10-105
What Acts Agent May Perform§ 28-10-201
How Agency May Be Created§ 28-10-202
Consideration Unnecessary§ 28-10-203
When Written Authorization Necessary§ 28-10-204
Through 28-10-210 Reserved§ 28-10-211
How Agent's Act Ratified§ 28-10-213
Ratification Not To Prejudice Third Persons§ 28-10-214
When Ratification Void§ 28-10-215
When Ratification May Be Rescinded§ 28-10-301
Agent Not To Exceed Actual Authority