Performance of a contract is done ONLY by PRINCIPAL and 3RD PARTY - agent is not included - if the agent acts outside of the scope of authority he can be sued by principle - if the agent fails to disclose it is an agent, 3rd party can go after principle and agent - A principle is liable for an y sort committed by agent if the act was in the ordinary c course of the agents business - if the tort is committed outside the scope, only the agent is liable