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. A Treatise on the Law of Negligence - Page 230by Thomas Gaskell Shearman, Amasa Angell Redfield - 1888Full view - About this book
| 1869 - 972 pages
...Justice Willes delivered the judgment of the Exchequer Chamber in this case, and observed as follows : " The general rule is, that the master is answerable...though no express command or privity of the master be proved. That principle is acted upon every day in running-down cases; it has been applied also to... | |
| Great Britain. Court of Exchequer - 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...though no 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... | |
| Albert Venn Dicey - 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...though no 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... | |
| India - 1878 - 710 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...though no express command or privity of the master be proved. That principle is acted upon every day in running down cases. It has been applied also to... | |
| Francis Wharton - 1874 - 960 pages
...237 ; Storey B. Ashton, LR 4 QB 476. § 161. Thus it has been judicially declared in England,1 that "the general rule is, that the master is answerable...though no express command or privity of the master be proved. That principle is acted upon every day in running-down cases. It has been applied also to... | |
| Herbert Broom - 1874 - 880 pages
...I must look for 1 So in Barwick ». English Joint Stock Bank, LR 2 Ex. 265-6, the Court observe, " The general rule is that the master is answerable...though no express command or privity of the master be proved. That principle is acted upon every day in running-down cases. It has been applied also to... | |
| Thomas William Saunders - 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 - 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...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 more clearly... | |
| Melville Madison Bigelow - 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 - 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).... | |
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