Title 10

Whatever one may do himself may be done by an agent, except such personal trusts in which special confidence is placed on the skill, discretion, or judgment of the person called in to act; so an agent may not delegate his authority to another unless specially empowered to do so. H…

(a) As used in this Code section, the term “conditional power of attorney” means a written power of attorney stating that it becomes effective at a specified future time or on the occurrence of a specified event or contingency, including, but not limited to, the subsequent incapaci…

No rights shall arise to either party out of an agency created for an illegal purpose. History. Orig. Code 1863, § 2169; Code 1868, § 2165; Code 1873, § 2191; Code 1882, § 2191; Civil Code 1895, § 3018; Civil Code 1910, § 3590; Code 1933, § 4-201.

The agent shall act within the authority granted to him, reasonably interpreted; if he shall exceed or violate his instructions, he does it at his own risk, the principal having the privilege of affirming or dissenting, as his interest may dictate. In cases where the power is cou…

An agent for hire shall be bound to exercise, about the business of his principal, that ordinary care, skill, and diligence required of a bailee for hire. A voluntary agent, without hire or reward, shall be liable only for gross neglect. History. Orig. Code 1863, § 2163; Code 186…

Where several persons shall appoint an agent to do an act for their joint benefit, the instructions of one, not inconsistent with the general directions, shall protect the agent in his act. History. Orig. Code 1863, § 2167; Code 1868, § 2163; Code 1873, § 2189; Code 1882, § 2189; …

Without the express consent of the principal after a full knowledge of all the facts, an agent employed to sell may not himself be the purchaser; and an agent to buy may not himself be the seller. History. Orig. Code 1863, § 2164; Code 1868, § 2160; Code 1873, § 2186; Code 1882, …

The agent shall not make a personal profit from his principal’s property; for all such he is bound to account. History. Orig. Code 1863, § 2165; Code 1868, § 2161; Code 1873, § 2187; Code 1882, § 2187; Civil Code 1895, § 3011; Civil Code 1910, § 3583; Code 1933, § 4-205.

An agent may not dispute his principal’s title, except in such cases where legal proceedings, at the instance of others, shall have been commenced against him. History. Orig. Code 1863, § 2166; Code 1868, § 2162; Code 1873, § 2188; Code 1882, § 2188; Civil Code 1895, § 3012; Civi…

A principal may follow his money deposited by an agent in the latter’s name and recover the same wherever found, unless the rights of innocent third persons shall have intervened. History. Civil Code 1895, § 3005; Civil Code 1910, § 3577; Code 1933, § 4-208. History of Code secti…

If the money of a principal shall be deposited by a private agent in the name of the principal in the hands of a bank of good credit and the deposit is according to the common usage of the place, the agent shall not be responsible for any loss arising from the failure of the bank…

An agent, by willfully mingling his own goods with those of his principal, shall not create a tenancy in common; but, if incapable of separation, the whole shall belong to the principal. History. Orig. Code 1863, § 2171; Code 1868, § 2167; Code 1873, § 2193; Code 1882, § 2193; Ci…

It shall be the duty of agents, trustees, administrators, guardians, conservators, receivers, and all other fiduciaries to keep their accounts in a regular manner and to be always ready with them supported by proper vouchers; neglect of this duty shall be ground for charging them …

An agent who shall have discharged his duty shall be entitled to his commission and all necessary expenses incurred about the business of his principal. If he shall have violated his engagement, he shall be entitled to no commission. History. Orig. Code 1863, § 2168; Code 1868, §…

The fact that property is placed in the hands of a broker to sell shall not prevent the owner from selling, unless otherwise agreed. The broker’s commissions are earned when, during the agency, he finds a purchaser who is ready, able, and willing to buy and who actually offers to …

Generally, an agency is revocable at the will of the principal. The appointment of a new agent for the performance of the same act or the death of either principal or agent revokes the power. If, however, the power is coupled with an interest in the agent himself, it is not revoc…

Every creditor or other person advancing money upon the pledge of a certificate of stock or other scrip representing an ownership or interest in corporations in Georgia shall have such an irrevocable interest in such certificate of stock or other scrip as not to be affected by the …

(a) No agency created by a power of attorney in writing given by a principal who is at the time of execution or who, after executing the power of attorney, becomes either: (1) A member of the armed forces of the United States; (2) A person serving as a merchant seaman outside the…

A written power of attorney, unless expressly providing otherwise, shall not be terminated by the incompetency or incapacity of the principal. The power to act as an attorney in fact for a principal who subsequently becomes incompetent or incapacitated shall remain in force until…

When the contract is for a year, and the principal wrongfully discharges the agent before the end of the year, the agent may either sue immediately for any special injury from the breach of the contract, or, treating the contract as rescinded, may sue for the value of the service…

When an agent has been improperly dismissed before the expiration of his time, earnings which were realized or might have been realized by him up to the end of the term shall go in mitigation of damages. History. Civil Code 1895, § 3017; Civil Code 1910, § 3589; Code 1933, § 4-21…

Except as otherwise expressly provided, the principal shall not be liable to one agent for injuries arising from the negligence or misconduct of other agents about the same business. History. Orig. Code 1863, § 2180; Code 1868, § 2176; Code 1873, § 2202; Code 1882, § 2202; Civil …

The agent’s authority shall be construed to include all necessary and usual means for effectually executing it. Private instructions or limitations not known to persons dealing with a general agent shall not affect them. In special agencies for a particular purpose, persons deali…

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. History. Orig. Code 1863, § 2172; Code 1868, …

A ratification by the principal shall relate back to the act ratified and shall take effect as if originally authorized. A ratification may be express or implied from the acts or silence of the principal. A ratification once made may not be revoked. History. Orig. Code 1863, § 2170; …

The form in which the agent acts is immaterial; if the principal’s name is disclosed and the agent professes to act for him, it will be held to be the act of the principal. History. Orig. Code 1863, § 2173; Code 1868, § 2169; Code 1873, § 2195; Code 1882, 10-6-53 § 2195; Civil Co…

If an agent shall fail to disclose his principal, when discovered, the person dealing with the agent may go directly upon the principal under the contract, unless the principal shall have previously accounted and settled with the agent. History. Orig. Code 1863, § 2175; Code 1868…

If the credit shall be given to the agent by the choice of the seller, he may not afterward demand payment of the principal. History. Orig. Code 1863, § 2176; Code 1868, § 2172; Code 1873, § 2198; Code 1882, § 2198; Civil Code 1895, § 3025; Civil Code 1910, § 3597; Code 1933, § 4…

The principal shall be bound by all representations made by his agent in the business of his agency and also by his willful concealment of material facts, although they are unknown to the principal and known only by the agent. History. Orig. Code 1863, § 2177; Code 1868, § 2173; …

Where money is due on a written evidence of debt, payment to an agent of the creditor who fails to produce the obligation shall be at the risk of the debtor. Nonproduction of the security shall rebut the implication of authority arising from the agent’s employment, and it must be…

Notice to the agent of any matter connected with his agency shall be notice to the principal. History. Orig. Code 1863, § 2178; Code 1868, § 2174; Code 1873, § 2200; Code 1882, § 2200; Civil Code 1895, § 3027; Civil Code 1910, § 3599; Code 1933, § 4-309.

Where an agent shall conspire with the other party, his principal shall not be bound thereby nor charged with knowledge of facts thus acquired by his agent. History. Civil Code 1895, § 3028; Civil Code 1910, § 3600; Code 1933, § 4-310. History of Code section. This Code section i…

Cunningham, 68 Ga. 431, 1882 Ga. LEXIS 24 (1882). Principal is bound by the authorized acts of the principal’s agent as effectively as if the principal had been present and personally committed the act. Ford Motor Co. v. Abercrombie, 207 Ga. 464, 62 S.E.2d 209, 1950 Ga. LEXIS 636…

The principal shall not be liable for the willful trespass of his agent unless done by his command or assented to by him. History. Orig. Code 1863, § 2181; Code 1868, § 2177; Code 1873, § 2203; Code 1882, § 2203; Civil Code 1895, § 3031; Civil Code 1910, § 3603; Code 1933, § 4-31…

The principal shall have advantage of his agent’s contracts in the same manner as he shall be bound by them, so far as they come within the scope of his agency. If, however, the agency shall have been concealed, the party dealing with him may set up any defense against the princi…

The principal may recover back money paid illegally or by mistake of his agent or goods wrongfully transferred by the agent, the party receiving the goods having notice of the agent’s want of authority or willful misconduct. History. Orig. Code 1863, § 2183; Code 1868, § 2179; Co…

— Provision of this section does not apply so long as the principal is undisclosed. Beacham v. Coe-Mortimer Co., 30 Ga. App. 456, 118 S.E. 441, 1923 Ga. App. LEXIS 503 (1923). Generally, contract does not bind principal unless it purports to be principals. — General rule is this:…

Any act authorized or required to be done under this Code by any person in the prosecution of his legal remedies may be done by his agent; and for this purpose he is authorized to make an affidavit and execute any bond required, though his agency shall be created by parol. In all…

If money shall be paid to an agent by mistake and he in good faith shall pay it over to his principal, he shall not thereafter be personally liable therefor. In all other cases he shall be liable for its repayment. If money shall be paid by an agent by mistake, he may recover it …

Generally, an agent shall have no right of action on contracts made for his principal. The following are exceptions: (1) A factor contracting on his own credit; (2) Where promissory notes or other evidences of debt are made payable to an agent of a corporation; (3) In all cases w…

An agent having possession, actual or constructive, of the property of his principal shall have a right of action for any interference with that possession by third persons. History. Orig. Code 1863, § 2188; Code 1868, § 2184; Code 1873, § 2210; Code 1882, § 2210; Civil Code 1895…

When the agent shall exceed his authority so that the principal is not bound, the agent may not enforce the contract in his own name against the person with whom he deals unless the contract shall have been fully executed upon the part of the agent or the credit was originally gi…

All agents, by an express undertaking to that effect, may render themselves individually liable. Every agent exceeding the scope of his authority shall be individually liable to the person with whom he deals; so, also, for his own tortious act, whether acting by command of his pr…

An instrument signed by one as agent, trustee, conservator, guardian, administrator, executor, or the like, without more, shall be the individual undertaking of the maker, except as otherwise provided by Code Sections 11-3-402, 13-5-30, 29-2-21, 29-3-21, 29-4-22, 29-5-22, 53-8-14…

Public agents contracting in behalf of the public shall not be individually liable on such contracts. History. Orig. Code 1863, § 2190; Code 1868, § 2186; Code 1873, § 2212; Code 1882, § 2212; Civil Code 1895, § 3040; Civil Code 1910, § 3612; Code 1933, § 4-407.

Any person, corporation, partnership, association, or any other entity which engages in the business of receiving cash from patrons as payment of obligations owed by such patrons to third parties, with the understanding that such person, corporation, partnership, association, or …