(1) Except as otherwise provided for in
the contract, the agent shall, in any of the following circumstances,
be personally liable for the transaction done by him or her on behalf
of the principal:
(a) If the agent concludes a contract with a third party in
relation to any transaction with provision for personal
responsibility,
(b) If any act is done for or on behalf of an undisclosed
principal and such a principal is not disclosed,
(c) If the principal cannot be sued for any reason,
(d) If the contract is concluded in his or her own name,
(e) If any act is done beyond the scope of the contract of
agency or authority,
(f) If any misrepresentation or fraud is committed in the
course of the transaction,
(g) If the agent is required to be liable personally
according to the nature of the trade,
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(h) If the interest of the agent is also involved in the
transaction.
(2) Except as otherwise provided for in the contract
between the agent and a third person, nothing shall be deemed to
bar the making of any claim by the third person against the
principal merely by the reason that the agent is personally liable
pursuant to sub-section (1), and legal action may also be taken
against the principal for a sum not recovered from the agent.
(3) For the purposes of taking a legal action against the
principal pursuant to sub-section (2), the statute of limitation shall
be deemed to commence from the date of the last payment made by
the agent.