GA Code § 10-6-85 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6 - Agency|Article 4 - Rights and Liabilities of Agent as to Third Persons|§ 10-6-85. Individual Liability of Agent by Undertaking, When Exceeding Authority, and for Tort; Negligence of Underservant

 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 principal or not, he shall be responsible; for the negligence of his underservant, employed by him in behalf of his principal, he shall not be responsible.   (Orig. Code 1863, § 2191; Code 1868, § 2187; Code 1873, § 2213; Code 1882, § 2213; Civil Code 1895, § 3041; Civil Code 1910, § 3613; Code 1933, § 4-409.)   Cross references.   - Imputing of negligence of one person to another person generally, § 51-2-1.   Law reviews.   - For annual survey of law on business associations, see 62 Mercer L. Rev. 41 (2010).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Agent's Individual Liability    RESEARCH REFERENCES   Am. Jur. 2d.   - 3 Am. Jur. 2d, Agency, § 273 et seq.   C.J.S.   - 2A C.J.S., Agency, §§ 264, 265, 297.   ALR.    - Liability for misconduct or negligence of messenger not directly related to the service, 18 A.L.R. 1416.    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.    Duty of principal to discover and notify third persons of wrongful disposal of property by agent not assuming to act for principal, 35 A.L.R. 325.    Personal liability of agent to third person for injuries or damages due to condition of principal's premises, 49 A.L.R. 521.    Right of defendant in action by undisclosed principal to avail himself of defenses or setoffs that would have been available in an action by the agent in his own right on the contract, 53 A.L.R. 414.    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 agent for acts or omissions of subagent, 61 A.L.R. 277.    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.    Right to bring separate actions against master and servant, or principal and agent, to recover for negligence of servant or agent, where master's or principal's only responsibility is derivative, 135 A.L.R. 271.    Liability of master or principal for servant's or agent's libel or slander of one other than servant or agent or former servant or agent, 150 A.L.R. 1338.    Agent's disregard of principal's instructions where power coupled with an interest, 162 A.L.R. 1182.   Doctrine of apparent authority as applicable where relationship is that of master and servant, 2 A.L.R.2d 406.   Rights and remedies where broker or agent, employed to purchase personal property, buys it for himself, 20 A.L.R.2d 1140.   Tenant's capacity to sue independent contractor, as third-party beneficiary, for breach of contract between landlord and such contractor for repair or remodeling work, 46 A.L.R.2d 1210.   Salesman's power to pledge employer's or principal's personal property, 49 A.L.R.2d 1271.   Implied or apparent authority of agent to purchase or order goods or merchandise, 55 A.L.R.2d 6.   Liability of vendor's real-estate broker or agent to purchaser or prospect for misrepresenting or concealing offer or acceptance, 55 A.L.R.2d 342.   Broker's liability for damages or losses sustained by vendor of real property to vendee because of broker's misrepresentations, 61 A.L.R.2d 1237.   Liability of auctioneer or clerk to buyer as to title, condition, or quality of property sold, 80 A.L.R.2d 1237.   Status of gasoline and oil distributor or dealer as agent, employee, independent contractor, or independent dealer as regards responsibility for injury to person or damage to property, 83 A.L.R.2d 1282.   Release of (or covenant not to sue) master or principal as affecting liability of servant or agent for tort, or vice versa, 92 A.L.R.2d 533.   Agent's authority to execute warrant of attorney to confess judgment against principal, 92 A.L.R.2d 952.   Personal liability of auctioneer to owner or mortgagee for conversion, 96 A.L.R.2d 208.   Products liability: Right of manufacturer or seller to contribution or indemnity from user of product causing injury or damage to third person, and vice versa, 28 A.L.R.3d 943.   Liability of insurance agent, for exposure of insurer to liability, because of failure to cancel or reduce risk, 35 A.L.R.3d 792.   Liability of insurance agent, for exposure of insurer to liability, because of failure to fully disclose or assess risk or to report issuance of policy, 35 A.L.R.3d 821.   Liability of insurance agent, for exposure of insurer to liability, because of issuance of policy beyond authority or contrary to instructions, 35 A.L.R.3d 907.   Liability for negligence of doorman or similar attendant in parking patron's automobile, 41 A.L.R.3d 1055.   Criminal liability of member or agent of private club or association, or of owner or lessor of its premises, for violation of state or local liquor or gambling laws thereon, 98 A.L.R.3d 694.   Liability of owner or operator of shopping center, or business housed therein, for injury to patron on premises from criminal attack by third party, 31 A.L.R.5th 550.   Liability of insurance agent or broker on ground of inadequacy of liability-insurance coverage procured, 60 A.L.R.5th 165.