| 英文摘要 |
The liability of the unauthorised agent towards the third pary by nature is tort liability for causing pure economic loss. Because monetary compensation is the basic form of tort liability, the counterparty did not intend that the contract will be performed by the agent, and it may be inefficient for the agent to perform, specific performance should not be the form of liability. In consideration of risk allocation, the liability of the unauthorised agent should be strict liability. Only when the legal basis of authorizition is appraised as void, the unauthorised agent can be exempted. For the liability not to be too severe, in the case that the unauthorised agent is in no position to confirm if he has the authority, the liability should be mitigated, and the scope of liability is limited to costs compensation. |
