An agent who has negligently or intentionally failed to perform his express duties is liable under tort law.

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An agent has a duty to act in accordance with the terms of the agency contract and to use reasonable care and skill in carrying out those duties. If the agent fails to perform these express duties, he may be held liable for negligence or breach of contract. Additionally, if the agent intentionally fails to perform his duties, he may be liable for fraud or intentional torts. Therefore, an agent who negligently or intentionally fails to perform his express duties is liable under tort law.

An Agent Who Has Negligently or Intentionally Failed to Perform