Montana Statutes
§ 28-10-602 — Principal's Responsibility For Agent's Negligence, Omissions, And Wrongs
Montana·Title 28 CONTRACTS AND OTHER OBLIGATIONS·Ch. 10 AGENCY·Part 6 Rights and Liabilities of Principal
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.
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Legislative 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.
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When Ratification May Be Rescinded§ 28-10-301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