California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 9 — Agency, Chapter 1 — Agency in General, Article 3 — Mutual Obligations of Principals and Third Persons, Section 2338

Unless required by or under the authority of law to employ that particular agent, a principal is responsible to third persons for the negligence of his agent in the transaction of the business of the agency, including wrongful acts committed by such agent in and as a part of the transaction of such business, and for his willful omission to fulfill the obligations of the principal.

Notes

Requires a principal to answer to third persons for an agent's negligence in agency business, related wrongful acts, and willful failure to perform the principal's obligations. Exempts situations in which law or lawful authority required the principal to employ that particular agent, limiting the principal's responsibility under this rule in that circumstance.

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