The primary purpose of this volume is to set forth the manner in whicli obligations are incurred or rights acquired through the acts of agents and servants, and to do this as a natural sequence to a study of the manner in which like obligations are incurred or like rights acquired by ones own acts. Book I. deals with the law of Principal and A gent; that is, the law of agency in its application to the creation of primary obligations, mainly those of contract. Book II. deals with tlie law of Master and Servant; that is, the law of agency in its application to the creation of secondary or substituted obligations, mainly those in tort. Book I. may therefore properly supplement a study of the law of contract, and Book II. a study of the law of tort. Book I. is largely rewritten, and Book II. appears for the first time in this edition :the whole constitutes practically a new work. An attempt has been made in the Introduction to state clearly the distinction between an agent and a servant, and the legal consequences that flow from such a distinction. This is more fully developed in the sections dealing with the liability of a principal or a master for acts of the agent or servant in excess of the authority. It is believed that this distinction is not merely a theoretically valid one, but that it is a necessary means to the correct solution of the problem of the constituents liability, especially in the case of an agents frauds, and that the failure to observe it has led to needless confusion.
(Typographical errors above are due to OCR software and don't occur in the book.)
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