Law Commons^™

Evidentiary Surrogacy And Risk Allocation: Understanding Imputed Knowledge And Notice In Modern Agency Law, Marin Roger Scordato

Scholarly Articles

This article deals with the imputed knowledge rule in agency law. The basic rule imputes to a principal knowledge or notice received by an agent within the scope of the agent's authority. The principal is deemed to have received the information in question even in the absence of any evidence that the agent successfully transmitted it to the principal.

As the article clearly demonstrates, the imputed knowledge rule is currently characterized by complexity and contradiction. The analysis developed in the article suggests that this convolution and uncertainty is the result of the existence of a fundamental tension residing at the …