What is the current state of the law in relation to the interpretation of the text-books and the various legal principles used by the Court of Appeal to determine whether an agent is bound by the contract?
Saskatchewan, Canada
The following excerpt is from Currie v. R.M. of Wreford No. 280, 1918 CanLII 194 (SK CA):
There, may seem to be some conflict in what is laid down in the text-books and the various decisions, but I am of opinion that the fair inference to be drawn from the various decisions is, that where the terms of the contract clearly indicate personal liability, the agent is bound by the contract, regardless of his intention (unless it can be shown by extrinsic evidence that there was an express agreement that the agent should not be liable and that the contract rendering him liable was so drawn by mistake, see Wake v. Harrop [1862] 6 H. & N. 768) but that, unless such personal liability is clearly indicated in the contract, the nature of the contract and all the surrounding circumstances must be considered in determining the agent’s liability.
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