---
title: O.C.G.A. § 10-6-85. Liability for exceeding authority.
collection: code
id: 10-6-85
cite_as: O.C.G.A. § 10-6-85 (2025)
canonical_url: https://georgiacommons.org/code/10-6-85
md_url: https://georgiacommons.org/code/10-6-85.md
text_url: https://georgiacommons.org/code/10-6-85/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t10-(v8)-2024-pdf.pdf?sfvrsn=1992b47e_0#page=1036
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/10-6.md
previous: https://georgiacommons.org/code/10-6-84.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COMMERCE AND TRADE / AGENCY / RIGHTS AND LIABILITIES OF AGENT AS TO THIRD PERSONS
---

# O.C.G.A. § 10-6-85. Liability for exceeding authority.

All agents, by an express undertaking to that effect, may render themselves individually liable. Every agent exceeding the scope of his authority shall be individually liable to the person with whom he deals; so, also, for his own tortious act, whether acting by command of his principal or not, he shall be responsible; for the negligence of his underservant, employed by him in behalf of his principal, he shall not be responsible.

## History

Orig. Code 1863, § 2191; Code 1868, § 2187; Code 1873, § 2213; Code 1882, § 2213; Civil Code 1895, § 3041; Civil Code 1910, § 3613; Code 1933, § 4-409.

## Cross References

Imputing of negligence of one person to another person generally, § 51-2-1.

## Law Reviews

For annual survey of law on business associations, see 62 Mercer L. Rev. 41 (2010).