Undisclosed agent contracts: principal can enforce agreements while third parties retain same rights as against agent. When an agent contracts with a person who neither knows nor has reason to suspect the agency, the principal may require performance of the contract, and the other contracting party has, as against the principal, the same rights they would have had against the agent. If the principal discloses himself before the contract is completed, the other party may refuse performance by proving they would not have contracted had they known the principal's identity or that the agent was not a principal.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Undisclosed agent contracts: principal can enforce agreements while third parties retain same rights as against agent.
When an agent contracts with a person who neither knows nor has reason to suspect the agency, the principal may require performance of the contract, and the other contracting party has, as against the principal, the same rights they would have had against the agent. If the principal discloses himself before the contract is completed, the other party may refuse performance by proving they would not have contracted had they known the principal's identity or that the agent was not a principal.
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