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Principal Agent (Vicarious Liability)


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This is regarding a tripartite agreement between a Principal, Agent and Third party.

 

The Principal is only liable for the tort (and/or failure) of the Agent if the Principal is undisclosed.

 

The Principal is NOT liable if he had been disclosed prior to the agreement.

 

However, can the Third Party sue a prior disclosed Principal on the grounds that he was negligent in choosing the Agent in the first place?

 

Also, can the prior disclosed Principal be sued because he had significant control over the Agent?

 

Thanks a lot and I would greatly appreciate any case law.

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This is rather vague and generally beyond our area of experience. However, I'm a bit surprised that an agreement can exclude liability for negligence in the way you suggest.

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Assuming the outcome is important you'd be better off asking a solicitor. I don't think anyone who helps here regularly is a lawyer.

 

 

There is at least one regular respondent on CAG who has stated in the past that they are a solicitor, and their posts have given me no reason to disbelieve them.

 

 

Another regular (and / or, frequent) respondent (mostly on insurance threads) has described themselves as a "lawyer". They haven't gone further and given details (qualifications or job title), so they might be a solicitor, a barrister, a para-legal or legal executive ; but again, the quality and content of their contributions has given me no reason to doubt them.

 

 

Whether either would engage with such a context devoid question as the OP's question (and if they might conclude from the OP's postings that the OP will just argue the toss with any answer they don't like or that doesn't completely accord with the OP's pre-formed expectations) is another matter, though.

 

 

So, there are people on CAG who:

a) regularly help, and

b) I don't doubt are lawyers, so I must disagree with you there, Ethel Street.

 

 

Would they contribute on this thread?. There I'd agree with you, ES.

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Thank you for the information Bazza. I did say "I don't think..." there are any lawyers which I'd hope indicated it was just my perception, not a statement of fact.

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  • 1 month later...
This is rather vague and generally beyond our area of experience. However, I'm a bit surprised that an agreement can exclude liability for negligence in the way you suggest.

 

Thanks

This is what I suspect; The Principal was negligent in his selection process hence he is liable for his agent

You helped me organise my thinking

Once again, thanks

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