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The second is the place the phrases of the contract are inconsistent with company. In HUMBLE v HUNTER15, an agent signed a charter-party in his own name and described himself as âownerâ of the ship. It was held that his undisclosed principal could not sue. CIRCUMSTANCES WHEN AN AGENT MAY BE HELD PERSONALLY LIABLE If an agent continues to act after his authority has been terminated, he could incur private liability for breach of implied warranty of authority. Sometimes an agent may undergo a potential risk when his authority is terminated mechanically with out his information. In the case of YONGE v TOYNBEE13 where solicitors had been performing in litigation for a client who, unknown to them, grew to become mentally incapacitated so that the agency was thought-about to be terminated.
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