Section 595: Agent to be responsible

1) Except as otherwise provided for in the contract, the agent shall, in any of the following circumstances, be personally liable for the transaction done by him or her on behalf of the principal:

(a) If the agent concludes a contract with a third party in relation to any transaction with a provision for personal responsibility,

(b) If any act is done for or on behalf of an undisclosed principal and such a principal is not disclosed,

(c) If the principal cannot be sued for any reason,

(d) If the contract is concluded in his or her own name,

(e) If any act is done beyond the scope of the contract of agency or authority,

(f)  If any misrepresentation or fraud is committed in the course of the transaction,

(g)  If the agent is required to be liable personally according to the nature of the trade,

(h)  If the interest of the agent is also involved in the transaction.

2) Except as otherwise provided for in the contract between the agent and a third person, nothing shall be deemed to bar the making of any claim by the third person against the principal merely by the reason that the agent is personally liable pursuant to sub-section (1), and legal action may also be taken against the principal for a sum not recovered from the agent.

3) For the purposes of taking a legal action against the principal pursuant to sub-section (2), the statute of limitation shall be deemed to commence from the date of the last payment made by the agent.