When Is A Principal Charged With An Agent's Knowledge?
- Topics:
- Incorporation
- Source:
- Deborah A. DeMott
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Overview: This article begins by exploring the basics of how imputation doctrine operates, including the circumstances under which an agent is treated as knowing a fact. Although the primary focus is on cases from the United States, contrasting English cases are discussed at points. It next evaluates competing justifications for imputation. It argues that the traditional justifications for imputation, though helpful, are incomplete and ultimately unsatisfactory because they fail to account for well-settled aspects of imputation doctrine and its consequences. The paper advances alternate justifications that achieve a closer correspondence between imputation and other agency doctrines. In particular, imputation recognizes that the relationship between principal and agent may create incentives for an agent to be reticent in transmitting information to the principal when the agent believes the principal may prefer not to know the information.
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Format: HTML | Date: Jan 2003 | Pages: 1
