2021 Georgia Code
Title 10 - Commerce and Trade
Chapter 6 - Agency
Article 3 - Rights and Liabilities of Principal to Third Persons
§ 10-6-51. Principal Bound by Acts Within Scope of Authority; No Right to Ratify in Part

The principal shall be bound by all the acts of his agent within the scope of his authority; if the agent shall exceed his authority, the principal may not ratify in part and repudiate in part; he shall adopt either the whole or none.

(Orig. Code 1863, § 2172; Code 1868, § 2168; Code 1873, § 2194; Code 1882, § 2194; Civil Code 1895, § 3021; Civil Code 1910, § 3593; Code 1933, § 4-302.)

- For note discussing governmental immunity from tort liability in Georgia, see 5 Ga. St. B. J. 494 (1969).

ANALYSIS

• General Consideration
• When Principal Bound

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Agency, § 186 et seq.

- 2A C.J.S., Agency, §§ 52, 65.

- Personal liability of servant or agent to third person for injuries caused by the performance or nonperformance of his duties to his employer, 20 A.L.R. 97; 99 A.L.R. 408; 96 A.L.R.2d 208.

Implied authority of servant or agent to bind employer for services of undertaker or other funeral expenses, 29 A.L.R. 457.

Validity of contract negotiated by agent acting for both parties, 48 A.L.R. 917.

Liability of bailee for damage to or destruction of subject of bailment by servant acting for his own purposes or in violation of his instructions, 52 A.L.R. 711.

Right of purchaser from agent or dealer in possession of article for purpose of demonstration or solicitation, without actual authority to sell, 57 A.L.R. 393.

Liability of principal for overdraft drawn by agent and paid by bank, 58 A.L.R. 816.

Doctrine of ratification invoked to charge one person with responsibility for the negligence of another not authorized to act for him, 85 A.L.R. 915.

Authority of claim agent as regards terms or condition of settlement, 87 A.L.R. 1277.

Necessity of alleging fact of agency in declaring upon contract made by party through agent, 89 A.L.R. 895.

Acceptance by insurance agent of something other than money or insured's money obligation in payment of premium, 93 A.L.R. 654.

Acceptance by collection agent authorized to receive money only, of something else upon which he realized money, as binding principal, 94 A.L.R. 784.

Misrepresentations by one party's agent, who was not authorized in that regard, as ground of rescission by the other party, 95 A.L.R. 763.

Liability of infant for torts of his employee or agent, 103 A.L.R. 487.

Sole actor doctrine where officer or agent of corporation acting adversely to it is its sole representative in the transaction, 111 A.L.R. 665.

Insurance company's responsibility for torts of agent causing physical injury to person or damage to property, 116 A.L.R. 1389.

Profession at time of act or contract to be acting for another as a necessary condition of its ratification by latter, 124 A.L.R. 893.

Liability of attorney or law firm for conduct of employee or member of firm in connection with investment of funds of client, 136 A.L.R. 1110.

What amounts to ratification by principal or master of libel or slander by agent or servant, 139 A.L.R. 1066.

Variance between allegation and proof as regards identity of servant or agent for whose acts defendant is sought to be held responsible, 139 A.L.R. 1152.

Authority of agent who delivers commercial paper or other obligation to third person for collection, to receive payment of proceeds from the latter, so as to preclude principal's right to enforce payment of proceeds, 163 A.L.R. 1209.

Master's liability for injuries to nonemployee caused by servant's negligence in use of instrumentality different from that authorized, 166 A.L.R. 877.

Dealer's liability for negligent operation of car by prospective purchaser or one acting for him, 31 A.L.R.2d 1445.

Authority of officer or agent to bind corporation as guarantor or surety, 34 A.L.R.2d 290.

Implied or apparent authority of agent selling personal property to make warranties, 40 A.L.R.2d 285.

Salesman's power to pledge employer's or principal's personal property, 49 A.L.R.2d 1271.

Real estate broker's power to bind principal by representations as to character, condition, location, quantity, or title of property, 58 A.L.R.2d 10.

Principal's liability for false arrest or imprisonment caused by agent or servant, 92 A.L.R.2d 15; 93 A.L.R.3d 826.

Physician giving medical examination to insurance applicant as agent of insured or of insurer, 94 A.L.R.2d 1389.

Personal liability of auctioneer to owner or mortgagee for conversion, 96 A.L.R.2d 208.

Insurance agent's statement or conduct indicating that insurer's cancellation of policy shall not take effect as binding on insurer, 3 A.L.R.3d 1135.

Insurer's statements as to amount of dividends, accumulations, surplus, or the like as binding on insurer or merely illustrative, 17 A.L.R.3d 777.

Liability of one contracting for private police security service for acts of personnel supplied, 38 A.L.R.3d 1332.

Discharge of debtor who makes payment by delivering checks payable to creditor to latter's agent, where agent forges creditor's signature and absconds with proceeds, 49 A.L.R.3d 843.

Insured's ratification, after loss, of policy procured without his authority, knowledge, or consent, 52 A.L.R.3d 235.

Imputation of servant's or agent's contributory negligence to master or principal, 53 A.L.R.3d 664.

Liability of travel agents for injuries on tour, 53 A.L.R.3d 1310.

Liability of bank, to other than party whose financial condition is misrepresented, for erroneous credit information furnished by bank or its directors, officers, or employees, 77 A.L.R.3d 6.

Doctrine of apparent authority as applied to agent of municipality, 77 A.L.R.3d 925.

Spouse's acceptance or retention of benefits of other spouse's fraudulent act as ratification of transaction, 82 A.L.R.3d 625.

Principal's liability for punitive damages because of false arrest or imprisonment, or malicious prosecution, by agent or employee, 93 A.L.R.3d 826.

Liability of travel publication, travel agent, or similar party for personal injury or death of traveler, 2 A.L.R.5th 396.