Selected Cases by Article & Issues
Article 2.2.30 Cases
(1) Where an agent acts whithin the scope of its authority and the third party knew or ought to have known that the agent was acting as an agent, the acts of the agent shall directly affect the legal relations between the principal and the third party and no legal relation is created between the agent and the third party.
(2) However, the acts of the agent shall affect only the relations between the agent and the third party, where the agent with the consent of the principal undertakes to become the party to the contract
Number | Issue | # Cases |
---|---|---|
1 | Disclosed agency | |
1.1 | Third party’s actual or constructive knowledge of agent's acting as agent | |
1.2 | Agent's acting in the name of principal irrelevant | |
2 | Agent's acts directly binding principal vis-à-vis third party | |
2.1 | Exceptions | |
2.1.1 | “commission agent” |