Mont. Code Ann. » TITLE 28. CONTRACTS AND OTHER OBLIGATIONS · CHAPTER 10. AGENCY · Part 7. Agent's Responsibility to Third Persons
Montana Code Annotated

Mont. Code Ann. § 28-10-702 (2026)

When Agent Responsible To Third Persons As Principal

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  1. MCA Contents
  2. TITLE 28
  3. CHAPTER 10
  4. Part 7
  5. 28-10-702 When agent responsible to third persons as principal

TITLE 28. CONTRACTS AND OTHER OBLIGATIONS

CHAPTER 10. AGENCY

Part 7. Agent's Responsibility to Third Persons

When Agent Responsible To Third Persons As Principal

28-10-702. When agent responsible to third persons as principal. A person who assumes to act as an agent is responsible to third persons as a principal for acts in the course of the agency in any of the following cases and in no other:

(1) when, with the agent's consent, credit is given to the agent personally in a transaction;

(2) when the agent enters into a written contract in the name of the principal without believing in good faith that the agent has authority to do so; or

(3) when the agent's acts are wrongful in their nature.

History: En. Sec. 3131, Civ. C. 1895; re-en. Sec. 5453, Rev. C. 1907; re-en. Sec. 7968, R.C.M. 1921; Cal. Civ. C. Sec. 2343; Field Civ. C. Sec. 1256; re-en. Sec. 7968, R.C.M. 1935; R.C.M. 1947, 2-212; amd. Sec. 813, Ch. 56, L. 2009.

Notes of Decisions
Cited in 22 cases (7 in the last 5 years), 1980–2025 · leading case: Big Sky Civil & Envtl., Inc. v. Dunlavy, 2018 MT 236, 429 P.3d 258.
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Big Sky Civil & Envtl., Inc. v. Dunlavy, 2018 MT 236, 429 P.3d 258. · cites it 31× “Whether the District Court erroneously granted summary ***33 judgment that WAPC was not personally liable to BSCE pursuant to § 28-10-702(1), MCA ? 1 2. Whether the District Court erroneously disregarded an unqualified common-law agency rule that an agent who contracts on behalf…”
Crystal Springs Trout Co. v. First State Bank, 732 P.2d 819 (Mont. 1987). · cites it 11× “11, the court held, "Plaintiffs are not entitled to recover damages from defendant Jerry B.”
Lester Ammondson v. Nw. Co, 2009 MT 331, 220 P.3d 1. · cites it 4× “Citing to § 28-10-702(3), MCA, the Defendants asserted that personal liability for these defendants would lie only if they were found personally negligent or the jury concluded that their actions were tortious in nature.”
McCarty v. Lincoln Green, Inc., 620 P.2d 1221 (Mont. 1980). · cites it 6× “Section 28-10-702(3), MCA. No standard could be countenanced by the real estate brokers' profession, accepting as a reasonable standard of care the showing of the wrong property on behalf of a prospective seller to a prospective purchaser.”
Crane Creek Ranch, Inc. v. Cresap, 2004 MT 351, 103 P.3d 535. · cites it 5× “Section 28-10-702, MCA. ¶13 The allegations against Cresap spring from Crane Creek’s contention that he made written and oral misrepresentations that resulted in Crane Creek’s damages.”
Little v. Grizzly Mfg., 636 P.2d 839 (Mont. 1981). · cites it 3× “The liability of an agent to a party dealing with the principal or corporation is covered by section 28-10-702, MCA, as follows: “One who assumes to act as an agent is responsible to third persons as a principal for his acts in the course of his agency in any of the following…”
Williams v. DeVinney, 856 P.2d 546 (Mont. 1993). · cites it 2× “Next, even though DeVinney’s statements in which he recommended a suitable foundation may have been made on behalf of KHC, *361 and therefore, were made in an agency capacity, § 28-10-702, MCA, specifies that an agent may be personally liable to a third person in certain…”
Ammondson v. Nw. Corp., 2009 MT 331. · cites it 2× “Citing to § 28-10-702(3), MCA, the Defendants asserted that personal liability for these defendants would lie only if they were found personally negligent or the jury concluded that their actions were tortious in nature.”
Budget Ins. & Fin. v. Leighty, 607 P.2d 1125 (Mont. 1980). · cites it 3× “The occasions when an agent becomes responsible to third per *372 sons as a principal are set out in section 28-10-702, MCA. That section states: “One who assumes to act as an agent is responsible to third persons as a principal for his acts in the course of his agency in any of…”
Sherner v. Nat'l Loss Control Servs. Corp., 2005 MT 284, 124 P.3d 150. · cites it 6× “The Sherners argue that a reasonable jury could have concluded that Andersen was personally liable under § 28-10-702(3), MCA, which states that an agent is personally responsible to third persons for the agent’s wrongful acts.”
Greening v. Mut. Life Ins. of New York, 558 F. Supp. 988 (D. Mont. 1983). “The State of Montana has codified the common law rule that an agent is personally liable for torts committed in the course of his agency in its enactment of § 28-10-702 Montana Code Annotated (1979), which provides in pertinent part: One who assumes to act as an agent is…”
Hodges v. Benefis Med. Grp., No. 4:19-cv-00046 (D. Mont. Jan. 6, 2022). · cites it 5× “Mont. Code Ann. § 28-10-702 . Hodges argues that Mont.”
Show all 22 citing cases →
Mont. Code Ann. § 28-10-702(1): 1 case
Big Sky Civil & Envtl., Inc. v. Dunlavy, 2018 MT 236, 429 P.3d 258. “Whether the District Court erroneously granted summary ***33 judgment that WAPC was not personally liable to BSCE pursuant to § 28-10-702(1), MCA ? 1 2. Whether the District Court erroneously disregarded an unqualified common-law agency rule that an agent who contracts on behalf…”
Mont. Code Ann. § 28-10-702(3): 8 cases
Crystal Springs Trout Co. v. First State Bank, 732 P.2d 819 (Mont. 1987). “11, the court held, "Plaintiffs are not entitled to recover damages from defendant Jerry B.”
Lester Ammondson v. Nw. Co, 2009 MT 331, 220 P.3d 1. “Citing to § 28-10-702(3), MCA, the Defendants asserted that personal liability for these defendants would lie only if they were found personally negligent or the jury concluded that their actions were tortious in nature.”
McCarty v. Lincoln Green, Inc., 620 P.2d 1221 (Mont. 1980). “Section 28-10-702(3), MCA. No standard could be countenanced by the real estate brokers' profession, accepting as a reasonable standard of care the showing of the wrong property on behalf of a prospective seller to a prospective purchaser.”
Ammondson v. Nw. Corp., 2009 MT 331. “Citing to § 28-10-702(3), MCA, the Defendants asserted that personal liability for these defendants would lie only if they were found personally negligent or the jury concluded that their actions were tortious in nature.”
Sherner v. Nat'l Loss Control Servs. Corp., 2005 MT 284, 124 P.3d 150. “The Sherners argue that a reasonable jury could have concluded that Andersen was personally liable under § 28-10-702(3), MCA, which states that an agent is personally responsible to third persons for the agent’s wrongful acts.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.