This lecture examines the liability of the falsus procurator: the liability vis-à-vis the third party of the agent who acts without sufficient authority. It critically discusses the following topics: the legal basis of the agent’s liability, the measure of the agent’s liability in the absence of fraud or negligence, the principal’s vicarious liability in tort for the agent’s lack of authority, and the law governing the liability of the falsus procurator in the Rome I Regulation. The lecture concludes with four propositions.
European Review of Private Law