Does an agent have to be personally liable on a contract where the principal of the contract is not personally liable?

Alberta, Canada


The following excerpt is from Smart Building Solutions Inc. v. Rayner, 2010 ABPC 124 (CanLII):

In Fridman, The Law of Agency, 7th ed. at p.237, the learned author states: Intention of Agent. ..., the general rule is that an agent will be personally liable on the contract he has made, even where he is described in the contract as acting on behalf of someone else as principle, if the intention of the parties to the contract was that the agent should be personally liable. The rule was expressed in these words by Park J. in Spittle v. Lavender: ...Where the principal is known, the agent is not liable ... though it is true that an agent may under certain circumstances render himself liable in all events. But it is not merely because he calls himself agent that he can become liable. He must so frame the undertaking as to make his additional engagement clear beyond dispute.

Other Questions


Can an agent be held personally liable for failing to execute a contract? (Alberta, Canada)
Can a servant be held liable for inducing breach of his master's contract with a third person? (Alberta, Canada)
Can a director be held personally liable in tort for inducing a breach of contract by the company? (Alberta, Canada)
In what circumstances will the Respondent be liable for defamation if his agent published an article without the knowledge, understanding and consent of Respondent's agents? (Alberta, Canada)
Is a contract enforceable for breach of contract when the contract is not enforceable? (Alberta, Canada)
In what circumstances will a party be bound by the elements of a contract where the contract is not enforceable when the contract was signed? (Alberta, Canada)
How has contract law been interpreted in the context of tenders in construction contracts? (Alberta, Canada)
What is the test for a contract where a party contracts to cut for a quantity of wood and haul and deliver the wood at a time and to a place mentioned? (Alberta, Canada)
Can a party be held liable for negligent misrepresentation in the context of a contract? (Alberta, Canada)
What is the test for discharging a contract for personal service by frustration? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.