Legal analysis
First, between the agent and the principal. If the power of attorney is unclear, the agent shall bear civil liability to the third party, and the agent shall bear joint liability. If the principal carries out agency activities knowing that the entrusted matters are illegal, the principal and the agent shall bear joint and several liability.
Second, the agent does not perform the agency duties, which damages the interests of the principal. If an agent engages in civil activities with himself or others in the name of the principal and causes losses, he shall bear civil liability. In fact, this situation is the arbitrary agency behavior of the agent. If an agent colludes with a third party and damages the interests of the principal, the third party shall be jointly and severally liable.
Third, the right to represent the liability for damage. Without agency, beyond agency or after the termination of agency, the principal will bear legal responsibility only after ratification by the principal. If the act is not ratified, the actor shall bear legal responsibility. Knowing that someone else has committed a civil act in my name without denying it is regarded as consent. If the third party knows that the actor has no agency; If the third party and the actor commit civil acts and cause losses to others after exceeding the agency right or terminating the agency right, they shall be jointly and severally liable with the actor.
legal ground
Article 171 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * If an actor acts as an agent after he has no power of attorney, exceeds his power of attorney or terminates his power of attorney, it will not be effective to the principal without ratification by the principal. The counterpart may urge the principal to ratify it within 30 days from the date of receiving the notice. If the trustor fails to declare it, it shall be deemed as refusal to ratify it. Before the act committed by the actor is ratified, the bona fide counterpart has the right to revoke it. Revocation shall be made by notice. If the act committed by the actor is not ratified, the bona fide counterpart has the right to demand the actor to perform the debt or demand the actor to compensate for the damage he has suffered. However, the scope of compensation shall not exceed the benefits that the counterpart can obtain when the principal ratifies. If the counterpart knows or should know that the actor has no right to act as an agent, the counterpart and the actor shall bear the responsibility according to their respective faults.