In determining liability for torts committed by an agent, what is true?

• A. The agent can be personally liable for their own torts
• B. The principal is always solely liable
• C. Only if the agent is an officer
• D. Liability is determined by the governing statute

Answer: (A)

An agent can be personally liable for their own torts. When someone acts as an agent, they owe a duty to others and can be sued for negligent or intentional torts they themselves commit, regardless of the principal’s liability. At the same time, the principal may also be liable under vicarious liability (respondeat superior) if the agent’s conduct occurred within the scope of employment, but that does not erase the agent’s own responsibility. The other statements are not correct because liability is not limited to the principal in every case, it does not hinge only on whether the agent is an officer, and it isn’t determined solely by statutes; tort principles and agency relationships govern how liability can attach to both agent and principal.