Unless required by or under authority of law to employ that particular agent, a principal is responsible to third persons for the negligence of his agent in the transaction of the business of the agency, including wrongful acts committed by such agent in and as part of the transaction of such business; and for his willful omission to fulfill the obligation of the principal.

Terms Used In South Dakota Codified Laws 59-6-9

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Third persons: includes all who are not parties to the obligation or transaction concerning which the phrase is used. See South Dakota Codified Laws 2-14-2

Source: CivC 1877, § 1374; CL 1887, § 3997; RCivC 1903, § 1693; RC 1919, § 1275; SDC 1939, § 3.0309.

See Cal Civ Code, § 2338.