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Who May Be an Agent

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WHO MAY BE AN AGENT. All per sons may act as agents except insane persons and chil dren of tender years. Thus, persons incapacitated to act in their own right, as monks, infants, feme coverts, persons attainted, outlawed or excommunicated, slaves or villeins, and aliens, have been held competent to act as agents. The fact that a person is incompetent to be a principal does not preclude him from being appoint ed as an agent. As a general rule the law has imposed no limitations on agents as regards their competency save those which the facts of the case impose. The de gree of competency required depends upon the duty which the agent is expected to perform; thus, while an infant may be an agent, a burden may not be imposed upon him greater than he can reasonably bear. The principal is held responsible in his selection of agents, and if he employs incompetent persons whereby third persons are injured, he will be held to account for the acts of such agents.

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