Final answer:
An agent may be personally liable if they act outside their authority, engage in fraudulent behavior, violate constitutional rights, or breach their fiduciary duties. The Bivens case highlights that agents can be held accountable for constitutional violations. The Fifth Amendment also ensures due process, which can imply agent liability when violated.
Step-by-step explanation:
An agent may be personally liable for their actions under certain conditions. Typically, agents acting within the scope of their authority are not personally liable for their actions taken on behalf of a principal. However, personal liability may arise if agents act outside their authority, engage in acts of fraud, violate constitutional rights, or breach the duty of care or fiduciary duty. For example, the Bivens v. Six Unknown Named Agents case demonstrates liability of federal agents violating Fourth Amendment rights, implying that agents may be held accountable even if not explicitly outlined by law.
Additionally, an agent might also be held liable if they have personally guaranteed to fulfill the obligations of a contract or if they fail to disclose their agency relationship and the identity of the principal to a third party, leading the third party to believe the agent is the principal party in the transaction. Furthermore, constitutional provisions, such as the Fifth Amendment's due process clause, safeguard individuals from unjust legal actions, which can entail personal liability for government agents who disobey these protections.