Page:Halsbury Laws of England v1 1907.pdf/441

 — Part IX.

—

—

Relations between Principal and Third Persons.

These exceptions apply only to the case of knowledge. Where negligence is an essential ingredient in the offence, the principal (a). is not responsible for the negligence of his agent V o / ^ ^

Part X.

— Relations

219 Sect.

8.

Criminal Liability of

Pnncipal.

between Agent and

Third Persons. Sect.

1.

Liabilities of Agent.

Sub-Sect.

1.

On

Contracts.

462. Where a person makes a contract in his own name Fact of without disclosing either the name or the existence of a principal, agency not disclosed. he is personally liable on the contract to the other contracting party, though he may be in fact acting on a principal's behalf (b). Nor does he cease to be liable on the discovery of the principal by the other party, unless and until there has been an unequivocal election by the other contracting party to look to the principal alone (c). 463. Every person who, in making a contract, discloses the existname, of the principal on whose behalf he is acting, is personally liable on the contract to the other contracting party (d), unless a contrary intention appears (e). In the case of a verbal ence, but not the

Identity of principal not disclosed.

But if the contract is in a question of fact (/). upon the construction placed by the Court upon the terms of such contract {g). Prima facie a party is personally liable on a contract if he put Agent liable unless conhis unqualified signature to it (h). In order, therefore, to exonerate tract shows the agent from liability, the contract must show, when construed as contrary a whole, that he contracted as agent only, and did not undertake intention. any personal liability (i). It is not sufficient that he should have described himself in the contract as an agent, whether as part of his signature (j) or otherwise (k). But if he states in the contract (l), contract this

is

writing, the question depends

{a)yhisholm v. Doulton (1889), 22 Q. B. D. 736, per Cave, J., at p. 742; but see JSlixenY. Oeaves (1890), 54 J. P. 548. {I) Saxon V. Blake (1861), 29 Beav^. 438; Ex parte Bird (1864), 4 De G. J. & S. 200; Sealer v. Hawkes (1831), 5 M. & P. 549. (c) Dramhurg v. PolUtzer (1873), 28 L. T. 470. {d) Hohhouse v. Hamilton (1826), 1 Hog. 401 Franlhjn v. Lamond (1847), 4 C. B. 637. (e) Southiuell V. Bowditch (1876), 1 0. P. D. 374.

(/) Williamson D. 450.

v.

Barton (1862), 7 H.

& N.

899; Long

y.

Millar (1879), 4

C. P.

Southwell v. Bowditch, supra; Jones v. Littledale (1837), 6 L. J. (k. B.) 169. See title Contract. (?) Thompson v. Davenport (1829), 9B. & C. 78; Hidcheson v. Eaton (1884), 13 Q. B. D. 861. Or that he stipulated that his personal liability should cease in the events that have happened {Ogleshy v. Yglesias (1858), E. B. & E. 930). (./) Hutcheson v. Eaton, supra, per Brett, M.E., at p. 865. {k) Magee v. Atkinson (1837), 2 M. & W. 440. [1] Southivell v. Bowditch, supra, and see Oadd v. Houghton (1876), 1 Ex. D. 357 ; Ogden v. Hall (1879), 40 L. T. 751. {g) (A)