Asked by Briana Robinson on May 23, 2024

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a. What is an undisclosed principal?
b. What is an unidentified (partially disclosed) principal?
c. What liability does an agent have to a third party when the principal is either undisclosed or unidentified (partially disclosed) ?
d. Dale is asked to be an agent for Phil, but Phil does not wish third parties to know that Dale represents him. In light of your answer to part (c), why would Dale want to be an agent for Phil? Why would Phil wish that third parties not know his identity? Explain.

Undisclosed Principal

An undisclosed principal is a party in a contractual agreement who remains unknown to the other party or parties involved.

Unidentified Principal

In agency law, this refers to a situation where an agent acts on behalf of a principal who is not disclosed to the third party at the time of the transaction.

Liability

The state of being legally responsible for something, typically involving financial or legal obligations that result from one's actions or agreements.

  • Identify the consequences of hidden, partially revealed, and fully disclosed principals in contracts.
  • Understand the legal penalties facing agents who engage in actions outside their authorized capacity.
  • Clarify the responsibility of agents regarding contracts made in the name of principals that are either non-existent or undisclosed.
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NH
Nhung Hu?nhMay 24, 2024
Final Answer :
a. An undisclosed principal is not known to the third party. The third party believes it is dealing personally and solely with the agent.
b. An  unidentified (partially disclosed)  or undisclosed principal exists where the third party knows an agency relationship exists, but doesn't know who the principal is.
c. If the principal is unidentified (partially disclosed)  or undisclosed, the agent is liable.
d. Assuming Phil has adequate finances, it makes little difference to Dale whether his principal is disclosed or undisclosed. As long as Dale acts within his scope of authority, Phil is bound to perform on the contract. However, if Phil is financially shaky and cannot honor his commitments, Dale must be aware he has personal liability on all contracts in which Phil was an undisclosed principal, in which case the contracting party may look to Dale for payment on the contracts. Dale is entitled to indemnity from Phil, but Phil may file bankruptcy. Phil may wish to remain undisclosed in order to effect a transaction that is more beneficial to him.