Circumstances under which an agent may be held personally liable for contracts made on behalf of his principal

  • If the agent has expressly or implied consented to personal liability.
  • If the principal does not exist or has no capacity to contract (Kelner V. Baxter).
  • If the agent had represented or held himself out as the principal.
  • If the agent has exceeded his authority i.e. breach of warranty of authority.
  • If the agent has executed a document ordered in his own name. (Schakv V. Anthony).
  • If the agent signs a negotiable instrument in his own name.
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