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Book 1 · General part  ›  Title 5 · Agency and authority › Section 164

Effect of a declaration made by the agent

(1) A declaration of intent that a person makes within the scope of their own power of agency in the name of a principal takes effect directly for and against the principal. It is irrelevant whether the declaration is made explicitly in the name of the principal, or whether it may be gathered from the circumstances that it is intended to be made in the principal’s name.

(2) If the intent to act on behalf of another is not evident, then no regard will be had to the lack of intent on the part of the agent to act on their own behalf.

(3) The provisions of subsection (1) apply accordingly if a declaration of intent to be made to another is made to their agent.

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