Title 10 — Commerce and Trade

The relation of principal and agent arises wherever one person, expressly or by implication, authorizes another to act for him or subsequently ratifies the acts of another in his behalf. History. Orig. Code 1863, § 2157; Code 1868, § 2152; Code 1873, § 2178; Code 1882, § 2178; Civ…

Restitution from bond, §10-6-101. Parol authority to execute, §10-6-80. Beauty pageants. Operators, §§10-1-832 to 10-1-834. Escrow account option, §10-1-837. Liability for failure to establish, §10-1-838. Liability for failure to post bond, §10-1-838. Business opportunity sales.

Any person who fails to post a bond as required under this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $300.00 nor more than $3,000.00, or by imprisonment for not more than six months, or both. 1043 10-6-121 H…

In the absence of the employer, the overseer stands in his place. It shall be his duty to see to the sustenance and protection of his employer’s property; and to discharge the duty, he shall be justified in repelling aggressors and trespassers to the same extent as the employer. H…

Contracts between employers and overseers may be by parol, though they may extend beyond a year from the time of the contract. History. Orig. Code 1863, § 2195; Code 1868, § 2190; Code 1873, § 2216; Code 1882, § 2216; Civil Code 1895, § 3044; Civil Code 1910, § 3616; Code 1933, §…

Where the exercise or performance of an agency is by written instrument, the agency shall also be created by written instrument; provided, however, unless a contrary intent is expressly set forth therein, any written instrument creating an agency regardless of the formality of it…

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.

Proving, §10-6-57. Scope of authority, §10-6-50. Principal bound by acts within, §10-6-51. Bailments.

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.

When entitled to, §10-6-31. Extent of authority, §10-6-21. Formality necessary to create agency, §10-6-2. Form in which agent acts immaterial, §10-6-53. Fraud. Principal bound for, §10-6-60. Representations or concealment by agent binding principal, §10-6-56. Illegally paid money…

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 904 10-6-28 deposit is according to the common usage of the place, the agent shall not be responsible for any loss arising from the failure…

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…

Any person who is of sound mind may be appointed an agent; so a principal shall be bound by the acts of his infant agent. History. Orig. Code 1863, § 2159; Code 1868, § 2155; Code 1873, § 2181; Code 1882, § 2181; Civil Code 1895, § 3001; Civil Code 1910, § 3573; Code 1933, § 4-10…

Executors and administrators. Required to keep accounts, §10-6-30. Executors and administrators. Required to keep accounts, §10-6-30. ACTIONS. Agents. Damages for unreasonable revocation, §10-6-33. Interference with agent’s possession, §10-6-83. Prosecution of legal remedies for …

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. 908 History. Orig. Code 1863, § 2168; Code 186…

Commodities. Liability for acts or omissions, §10-5A-7. Concealment.

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 933 1…

Effect of death or disability on pledge of stock, §10-6-34. Retail installment contracts or revolving accounts, §10-1-9. Stock with power of attorney. Effect of death or disability, §10-6-34. PLUMBERS. Telemarketing deception, fraud or abuse, §10-5B-5. Required and prohibited tel…

Credit report security freezes. Effect on application for credit, §10-1-914. 1451 INDEX DEBTORS AND CREDITORS —Cont’d Notes. General provisions, §§10-3-1 to 10-3-6. Suretyship. Contract of suretyship, §§10-7-1 to 10-7-4. General provisions, §§10-7-1 to 10-7-57. Relative rights of…

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…

Bidding by exhibitors. Civil actions for damages, §10-1-294. Motor vehicle franchises. Actions for violation of article, §10-1-623. Subleasing vehicles subject to retail installment contract, §10-1-41. Mules. Liability of auctioneer for sale of stolen mule, §10-1-530. Online mark…

Except as otherwise expressly provided, the principal shall not be 944 T.10, C.6, A.3 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 1…

(a) Personal representatives, guardians, conservators, and trustees 879 10-6-5 are authorized to sell and convey property by attorneys in fact in all cases where they may lawfully sell and convey in person. (b) When a personal representative, guardian, conservator, or trustee exe…

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. 8…

Extent of agent’s authority; liability for exceeding, violating, or disregarding instructions. Required standard of care. Instructions from multiple principals. Sale or purchase to self prohibited. Personal profit off principal’s property prohibited. Dispute of principal’s title. …

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. 960 History. Orig. Code 1863, § 2172; Code 18…

A ratification by the principal shall relate back to the act ratified and shall take effect as if originally authorized. A ratification may be 970 10-6-52 express or implied from the acts or silence of the principal. A ratification once made may not be revoked. History. Orig. Code 18…

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. 978 History. Orig. Code 1863, § 2173; Code 1868, § 2169; Code 1873, § 2195; Code 1882, 10-6-53 § 2195; Civi…

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. 982 History. Orig. Code 1863, § 2175; Code …

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; …

Ratification, §10-6-52. In-part ratification, §10-6-51. Relation back to agent’s act, §10-6-52. 1411 INDEX AGENTS —Cont’d Principal’s rights and liabilities —Cont’d Ratification —Cont’d Revocation, §10-6-52. Recovery of money or goods illegally or mistakenly paid, §10-6-63. Represen…

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 999 10-6-59 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 Co…

(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…

The principal shall be bound for the care, diligence, and fidelity of his agent in his business, and hence he shall be bound for the neglect and fraud of his agent in the transaction of such business. History. Orig. Code 1863, § 2179; Code 1868, § 2175; Code 1873, § 2201; Code 188…

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…

Formality necessary to create agency. Eligibility standard for agent. Conveyance authority of attorneys in fact. Agent authority; delegation. Conditional power of attorney. Application. Article 2 10-6-21. 10-6-22. 10-6-23. 10-6-24. 10-6-25. 10-6-26. 10-6-27. 10-6-28. 10-6-29. 10-…

Liability for negligence of underservants, §10-6-85. Liability of principal for injuries by other agents, §10-6-39. Principal bound for neglect, §10-6-60. Nonexisting principal. Contract for void, §10-6-89. Notice to agent is notice to principal, §10-6-58. Overseers. Duties, §10-…

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…

Conveyances to secure debt. Unfair or deceptive trade practices. Solicitation for services to obtain copy of instrument conveying real estate. Notice included with solicitation, §10-1-393.15. POWERS OF ATTORNEY, §§10-6B-1 to 10-6B-81. Acceptance of and reliance on attested power …

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…

Where the agency is known and the credit is not expressly given to the agent, he shall not be personally responsible upon the contract. The question to whom the credit is given is a question of fact to be decided by the jury under the circumstances in each case. History. Orig. Co…