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PRELIMINARY DRAFT 6 v. II, CHAPTERS 11-12 168 (September 26, 1955)

handle is hein.ali/resndacy0017 and id is 1 raw text is: A-, ,- TOPIC 3. TORTS .: . - §343. GENERAL RULE. ____ An agent who does an act, otherwise a tort is not relieved from liability by the fact that he acted To THE PERSON HARMED. a. For corresponding statments oonceriing the liabilit$ s of the princip l, see § 217, which states the megnong in which the terms privileges and immunities are 'sed in the Restatement of this Subject. f. i.Thle rules stated in §§ 344-3 '2 are special ap- plications of the rule stated in this Section. An agent who enters the land of another, defames or arrests another, or does any similar act is not excused by the mere fact that he is acting as an agent. If, however, a reasonable belief in th~existence of facts causes an act to be privileged, and a command by the principRal gives the agent reason o believe in the existence of such facts, such command gives him a privilege to do the act. Thus, if a principal directs an agent to institute criminal proceedings against another, al-ests though the command does not of itself justify the agent in so doing, if from the command the agent has reasonable grounds for believing the other guilty of the crime, the agent is not guilty of malicious prose- f cution.1- .. thn agent may be privileged to do an herwise tortious act because of a privilege heldby his prin- cipal under' which he acts (see §§ 345-347). Likewise, an agent may be privileged, although the principal would not be privileged, as where he / has a privilege to enter land which the prinipal is. not entite o ntei $r milrly i the prfnorp beiowesness tha the normal duty of care to a person, the~ e ent in performing hiis princtp ''s bust-, hess, owes no more. o n the other hd, theagent does not share hepcipa' rmhicnhiats (see § 34).

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