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Undisclosed principal: Difference between revisions
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An [[undisclosed principal]] is a {{tag|principal}} whose identity the {{tag|agent}} has not revealed. A [[principal]] you don’t know is a principal you can’t ''sue''. | An [[undisclosed principal]] is a {{tag|principal}} whose identity the {{tag|agent}} has not revealed. A [[principal]] you don’t know is a principal you can’t ''sue''. | ||
It does not — or at any rate, ''ought'' not — apply where an [[agent]] has neglected to mention the agency relationship altogether. An [[agent]] who has failed to reveal he is an agent at all (regardless for whom) — call that fellow an “[[undisclosed agent]]” — is, in [[Amwell J|this commentator]]’s contrarian opinion, better known as a “[[principal]]”. Or a ''liar''. but the law | It does not — or at any rate, ''ought'' not — apply where an [[agent]] has neglected to mention the agency relationship altogether. An [[agent]] who has failed to reveal he is an agent at all (regardless for whom) — call that fellow an “[[undisclosed agent]]” — is, in [[Amwell J|this commentator]]’s contrarian opinion, better known as a “[[principal]]”. Or a ''liar''. but the law takes a kinder view, about which you can read a lot more [[undisclosed agent|here]]. | ||
Back to a [[disclosed agency]] with an [[undisclosed principal]]. Where an [[agent]] strikes a bargain without revealing its [[principal]]’s identity, it puts its counterparty at a disadvantage, since the counterparty does not, and cannot, know against whom it should seek to enforce the bargain. Here the [[agent]] cannot escape responsibility if the [[principal]] fails. | Back to a [[disclosed agency]] with an [[undisclosed principal]]. Where an [[agent]] strikes a bargain without revealing its [[principal]]’s identity, it puts its counterparty at a disadvantage, since the counterparty does not, and cannot, know against whom it should seek to enforce the bargain. Here the [[agent]] cannot escape responsibility if the [[principal]] fails. | ||