BL – May 2017 – L1 – SB – Q5c – Law of Tort

BL – May 2017 – L1 – SB – Q5c – Law of Tort | Agency Law

Discusses whether a principal (Kalu) is liable for the negligent advice given by his agent (Kazeem) in his absence.

Question

While Kalu was away, Kazeem acted for him as the manager of KK Firm. In the process, Kazeem gave a client a wrong advice, although Kalu had advised Kazeem to refrain from giving such an advice in his absence.

Required:
Explain briefly whether or not Kalu is liable in tort to the client.

Answer

Kalu is vicariously liable for the act of Ade because the latter gave the
wrong advice in the course of Kalu‟s business.
According to Twine v Bean‟s Express Limited, Kalu‟s warning to Ade will
not avail Kalu to be exonerated since the act is committed in the normal
course or scope of Ade‟s employment.

Tags: Agency Law, Negligent Advice, Tort Liability
Level: Level 1

Topic: Agency Law, Law of Tort
Series: MAY 2017

Uploader: Kwame Aikins