Mont. Code Ann. » TITLE 28. CONTRACTS AND OTHER OBLIGATIONS · CHAPTER 10. AGENCY · Part 6. Rights and Liabilities of Principal
Montana Code Annotated

Mont. Code Ann. § 28-10-602 (2026)

Principal's Responsibility For Agent's Negligence, Omissions, And Wrongs

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 28
  3. CHAPTER 10
  4. Part 6
  5. 28-10-602 Principal's responsibility for agent's negligence, omissions, and wrongs

TITLE 28. CONTRACTS AND OTHER OBLIGATIONS

CHAPTER 10. AGENCY

Part 6. Rights and Liabilities of Principal

Principal's Responsibility For Agent's Negligence, Omissions, And Wrongs

28-10-602. Principal's responsibility for agent's negligence, omissions, and wrongs. (1) Unless required by or under the authority of law to employ that particular agent, a principal is responsible to third persons for the negligence of the principal's agent in the transaction of the business of the agency, including wrongful acts committed by the agent in and as a part of the transaction of business, and for the agent's willful omission to fulfill the obligations of the principal.

(2) A principal is not responsible for other wrongs committed by the principal's agent except those mentioned in subsection (1) unless the principal has authorized or ratified the acts, even though they are committed while the agent is engaged in the principal's service.

History: En. Secs. 3118, 3119, Civ. C. 1895; re-en. Secs. 5450, 5451, Rev. C. 1907; re-en. Secs. 7965, 7966, R.C.M. 1921; Cal. Civ. C. Secs. 2338, 2339; Field Civ. C. Secs. 1253, 1254; re-en. Secs. 7965, 7966, R.C.M. 1935; R.C.M. 1947, 2-209, 2-210; amd. Sec. 806, Ch. 56, L. 2009.

Notes of Decisions
Cited in 19 cases (4 in the last 5 years), 1979–2025 · leading case: L.B. v. United States, 2022 MT 166 (Mont. 2022).
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L.B. v. United States, 2022 MT 166 (Mont. 2022). · cites it 13× “For over 125 years, generally-applicable legal standards for determining whether, for purposes of vicarious employer liability, an employee’s unauthorized tortious conduct was committed or engaged in within the course or scope of his or her employment have been clearly,…”
Butler v. Domin, 2000 MT 312 (Mont. 2000). · cites it 8× “Section 28-10-602, MCA. As previously noted, our standard of review in appeals from summary judgment rulings is de novo.”
Daniels v. Dean, 833 P.2d 1078 (Mont. 1992). · cites it 10× “Section 28-10-602, MCA, provides: Principal’s responsibility for agent’s negligence, omissions, and wrongs.”
T. Brenden v. City of Billings, 2020 MT 72 (Mont. 2020). · cites it 5× “at 8-12 , 180 2 Section 28-10-602, MCA, embodies the common law doctrine of respondeat superior.”
McCarty v. Lincoln Green, Inc., 620 P.2d 1221 (Mont. 1980). · cites it 6× “Under section 28-10-602, MCA, 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 a part of the transaction of such business.”
Crane Creek Ranch, Inc. v. Cresap, 2004 MT 351 (Mont. 2004). · cites it 4× “Under § 28-10-602, MCA, the principal will be held liable to third persons for the negligent acts of her agents.”
Wagner v. Cutler, 757 P.2d 779 (Mont. 1988). · cites it 3× “Section 28-10-602, MCA. Wagner relied on the material misrepresentations of LDS as they appeared in the written listing agreement prepared by LDS’s realtor.”
Cechovic v. Hardin & Assocs., Inc., 902 P.2d 520 (Mont. 1995). · cites it 2× “Substantial evidence indicates that the Cechovics justifiably relied on Bullock’s representations regarding the property boundary and that the promontory where the Cechovics ultimately built their home was on the property Bullock represented for sale on behalf of her principal.”
Dennis v. Brown, 2005 MT 85 (Mont. 2005). · cites it 8× “Cates alleged comparative negligence of the Dennises and their agents as an affirmative defense.”
Stewart v. Casey, 595 P.2d 1176 (Mont. 1979). · cites it 3× “Section 28-10-602 MCA (formerly section 2-209, R.”
Parkhill v. Fuselier, 632 P.2d 1132 (Mont. 1981). · cites it 3× “We hold that under section 28-10-602, MCA, the Fuseliers are responsible to the Parkhills for the negligence of their agents in the sale transaction as related to the community water interest.”
Williams v. State Med. Oxygen & Supply, Inc., 874 P.2d 1225 (Mont. 1994). · cites it 2× “The law governing a principal’s liability to third persons, for the negligence of its agents or employees is found at § 28-10-602, MCA. That section provides: Principal’s responsibility for agent’s negligence, omissions, and wrongs.”
Show all 19 citing cases →
Mont. Code Ann. § 28-10-602(1): 2 cases
L.B. v. United States, 2022 MT 166 (Mont. 2022). “For over 125 years, generally-applicable legal standards for determining whether, for purposes of vicarious employer liability, an employee’s unauthorized tortious conduct was committed or engaged in within the course or scope of his or her employment have been clearly,…”
Butler v. Domin, 2000 MT 312 (Mont. 2000). “Section 28-10-602, MCA. As previously noted, our standard of review in appeals from summary judgment rulings is de novo.”
Mont. Code Ann. § 28-10-602(2): 2 cases
L.B. v. United States, 2022 MT 166 (Mont. 2022). “For over 125 years, generally-applicable legal standards for determining whether, for purposes of vicarious employer liability, an employee’s unauthorized tortious conduct was committed or engaged in within the course or scope of his or her employment have been clearly,…”
S. Frost v. K. Frost, 2025 MT 210 (Mont. 2025).
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