The question of whether the large body of common law that governs agency is a mixture of contract law and tort law is one that has long been debated among legal scholars. While there are certainly elements of both contract and tort law in the law of agency, it is important to understand the distinctions and nuances between the two.

At its core, agency law involves the relationship between two parties: the principal (who hires the agent to act on their behalf) and the agent (who agrees to act on behalf of and with the authority of the principal). This relationship is primarily governed by the law of contracts, which establishes the terms of the agreement between the two parties. The contract may specify the duties and obligations of each party, the compensation the agent will receive, and other important details.

However, there are also elements of tort law that come into play in agency relationships. For example, if the agent acts negligently or intentionally causes harm to a third party while acting on behalf of the principal, the principal may be held liable for the agent`s actions under the principles of vicarious liability. In addition, if the principal fails to properly supervise the agent or provides inadequate instructions, the principal may also be held liable for any harm caused by the agent.

Overall, it is clear that agency law is a complex area of the law that involves a mixture of both contract and tort principles. While the law of contracts primarily governs the relationship between the principal and the agent, tort law comes into play in situations where harm is caused to third parties as a result of the agency relationship. As such, it is important for legal professionals to have a solid understanding of both contract and tort law in order to navigate the complexities of agency law and ensure that their clients are adequately protected.