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The Duties and Liabili Ties of the Agent to Third Persons

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THE DUTIES AND LIABILI TIES OF THE AGENT TO THIRD PERSONS. It is the general rule that third persons cannot recover damages from an agent for the neglect or non-perform ance of a duty which the agent owes the principal. (Henshaw v. Noble, 7 0. St. 231; Labadie v. Hawley, 61 Tex. 177.) How, then, is the agent liable to third persons? His liability to third persons arises either from the fact that he has so contracted as to bind him self, or because he has failed to exercise a proper re gard for the rights and privileges of others while in the prosecution of his agency. In the latter case he is held responsible, notwithstanding the act is one authorized by the principal, since the law in protecting the rights of the public demands that he who does the act shall be equally responsible with him who authorized it. In the former case his liability arises from contract, in the latter from his torts or wrongful acts.

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