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A charlatan, basically. The kind of knave who tells you, ''after'' having concluded a transaction with you, that he is in fact acting as [[agent]] for someone else, in doing so trying to claim he is not himself [[principal|principally]] liable for the legal consequences of what he has done. | A charlatan, basically. The kind of knave who tells you, ''after'' having concluded a transaction with you, that he is in fact acting as [[agent]] for someone else, in doing so trying to claim he is not himself [[principal|principally]] liable for the legal consequences of what he has done. | ||
Don’t believe a word of it. An [[agent]] who doesn’t tell you he’s an [[agent]] is a [[principal]]. | |||
If you want authority for that statement, take yourself back to your very first contract law lecture, the one which outlined the essential ingredients of a bargain: [[offer]], [[acceptance]] and [[consideration]]. The terms offered and accepted bind. If the “[[agent]]” made no mention of his “agency”, it is not a term of the contract, and he is yours, fully liable as principal, to throw into the snarling teeth of the common law of contract. | If you want authority for that statement, take yourself back to your very first contract law lecture, the one which outlined the essential ingredients of a bargain: [[offer]], [[acceptance]] and [[consideration]]. The terms offered and accepted bind. If the “[[agent]]” made no mention of his “agency”, it is not a term of the contract, and he is yours, fully liable as principal, to throw into the snarling teeth of the common law of contract. | ||
===[[Undisclosed principal]]=== | ===[[Undisclosed principal]]=== | ||
This should be contrasted with the fellow who tells you in good time | This should be contrasted with the fellow who tells you in good time he’s an [[agent]], all right, but just not for ''whom''. More about that fellow can be found [[undisclosed principal|here]]. (in short, though, he too is ''effectively'' liable as principal (even if technically still an agent) until he’s told you who his client is). | ||
{{seealsoagent}} | {{seealsoagent}} |