With no explanation, chose the best option from "A", "B", "C" or "D". that although the actions of the agent constituted a tort, the agent is not liable to the principal for damages arising from such actions because the agent was acting in accordance with the principal’s instructions); Gutting v. Jacobson, 184 Neb. 402, 167 N.W.2d 762 (1969) (stating that an agent is liable to the principal for violations of the agent’s fiduciary duties, but that a principal may by acquiescence release the agent from such liability); Kidd v. Maldonado, 688 P.2d 461 (Utah 1984) (finding that although the agent completed an earnest money agreement contrary to the principal-seller’s instructions, the seller ratified the agent’s acts when the seller read and signed the agreement); Restatement, supra, § 401, comment d. Cf., Putnam v. DeRosa, 963 F.2d 480 (1st Cir. 1992) (<HOLDING>); Warner v. Reagan Buick, 240 Neb. 668, 483

A: holding that a declaratory judgment action was not the proper forum for the principal to make its bad faith argument which instead is properly asserted as a defense to the suretys claim against the principal for indemnification
B: holding that plaintiff lacked standing to assert rico claim for mail fraud based on misrepresentations made to third parties
C: holding that a principal does not have an action against his agent for indemnification based on the agents misrepresentations because the principal was not blameless in the misrepresentations made to the third parties
D: holding principal liable to third party for tort of agent despite lack of privity between principal and third party
C.