The general rule is. that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit, though no express command or privity of the master be proved ... It is true, [the... A Treatise on the Law of Negligence - Page 157by Francis Wharton - 1874 - 889 pagesFull view - About this book
| Great Britain. Court of Exchequer - Law reports, digests, etc - 1867 - 468 pages
...benefit, no sensible distinction can be drawn between the case of fraud and the case of any other wrong. The general rule is, that the master is answerable...express command or privity of the master be proved. (3) That principle is acted upon every day in (1) 7 H. & N. 172; 30 LJ (Ex.) 337. (2) Hern v. Nichols,... | |
| Albert Venn Dicey - Parties to actions - 1870 - 582 pages
...benefit, no sensible distiuctlon can be drawn between the case of fraud and the case of any other wrong. The general rule is that the master is answerable...express command or privity of the master be proved ... In all ^the] cases [in which the master has been held liable], it may he said that the master has... | |
| Herbert Broom - Legal maxims - 1874 - 880 pages
...distinction," it has been observed,5 " can be drawn between the case of fraud and the case of any other wrong. The general rule is, that the master is answerable...though no express command or privity of the master can be proved." Ill Fuller v. Wilson, which was an action on the case for a fraudulent misrepresentation... | |
| Thomas William Saunders - Sales - 1874 - 238 pages
...no serviceable distinction can be drawn between the case of fraud and the case of any other wrong. The general rule, is that the master is answerable...benefit, though no express command or privity of the matter be proved : (Laugher v. Pointer, 5 B. & C. 547, at p. 554.) That principle is acted upon every... | |
| Melville Madison Bigelow - Torts - 1875 - 830 pages
...drawn between the case of fraud and any other wrong. The general rule is, that the master is anewerable for every such wrong of the servant or agent as is...though no express command or privity of the master is proved ; " citing Laugher p. Pointer, о Barn. & C. 047, 554. The nature of the action is still... | |
| Melville Madison Bigelow - Torts - 1875 - 808 pages
...master's benefit, no sensible distinction can be drawn between the case of fraud and any other wrong. The general rule is, that the master is answerable...as is committed in the course of the service, and lor the master's benefit, though no express command or privity of the master is proved ; " citing Laugher... | |
| Charles Greenstreet Addison - Torts - 1876 - 762 pages
...the fraud was committed by the agent in the transaction of the ordinary business of the principal. The general rule is, that the master is answerable...in the' course of the service, and for the master's or principal's benefit, though no express command or privity by the master or principal be proved(c).... | |
| Charles Greenstreet Addison - Torts - 1876 - 996 pages
...Can. Rail. Co. v. Conybeare, ' 22 Law J- Q- B- 69- <""'<•• See Wilson v. Kankin, LR, I 438 eral rule is, that the master is answerable for every such...in the course of the service, and for the master's or principal's benefit, though no express command or privity by the master or principal be proved,... | |
| Frederick Pollock - Contracts - 1878 - 734 pages
...v ' of New rule is " that the master is answerable for every such wrong," Bru">1' including fraud, "of the servant or agent as is committed in the course...express command or privity of the master be proved." Although the master may not have authorized the particular act, yet if " he has put the agent in his... | |
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