Agency Law in the Old Testament   Leave a comment

To all you law students out there, I just wanted to share an example of agency law principles that I found in the Bible. Exodus 21:28-29:

“If an ox gores a man or a woman to death, the ox shall surely be stoned and its flesh shall not be eaten; but the owner of the ox shall go unpunished. If, however, an ox was previously in the habit of goring and its owner has been warned, yet he does not confine it and kills a man or a woman, the ox shall be stoned and its owner also shall be put to death.”

The agent is generally liable for his wrongful, and ultra vires, actions, but the principal will be vicariously liable (through respondeat superior) for his agent’s actions if he had knowledge of the agent’s previous wrongful actions and did not take reasonable measures to prevent such actions from re-occurring. In that scenario, the agent is liable, but the principal is likewise liable… joint and several liability.


Posted December 14, 2009 by Mitchell J. Kim in Uncategorized

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