Asked by Rachel Oftedahl on Apr 27, 2024

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An agent who makes a contract for a disclosed principal whose contracts are voidable for lack of contractual capacity:

A) is never liable to the third party.
B) can be liable to the third party under certain circumstances.
C) is liable to the third party only if the agent warrants the principal has capacity.
D) is ordinarily personally liable to the third party if the principal avoids the contract.

Voidable

A legal term referring to a contract or agreement that may be declared invalid by one of the parties due to issues like fraud or misrepresentation.

Contractual Capacity

The legal ability of an individual or entity to enter into binding contracts, requiring understanding and agreement to the contract's terms.

Principals

Individuals or entities that engage an agent to act on their behalf in transactions or negotiations.

  • Learn about the fundamentals of interactions between principals and agents, and the particular conditions under which responsibility for contracts may fall on either party.
  • Analyze the tort liability of principals for the acts of their agents, including negligence, respondeat superior, and unauthorized acts.
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Verified Answer

LP
Leywes PierreApr 30, 2024
Final Answer :
B
Explanation :
An agent can be liable to the third party under certain circumstances, especially if the agent knew or should have known that the principal lacked the capacity to contract, and this lack of capacity led to the contract being voidable.