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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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