swarb.co.uk - law index
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Information - From: 1900 To: 1929
This page lists 1 cases, and was prepared on 08 August 2015.
Hamlyn -v- John Houston & Co [1903] 1 KB 81
1903
CA
Collins MR
Information, Vicarious Liability
One side of the defendant's business as grain merchants was to obtain, by lawful means, information about its competitors' activities. Houston, a partner in the firm, obtained confidential information on the plaintiff Hamlyn's business by bribing one of Hamlyn's employees. Held: The firm was liable for the loss suffered by Hamlyn. If it was within the scope of Houston's authority to obtain the information by legitimate means, then for the purpose of vicarious liability it was within the scope of his authority to obtain it by illegitimate means and the firm was liable accordingly. This was on the broad 'risk' principle: the principal having selected the agent, and being the person who will have the benefit of his efforts if successful, it is not unjust he should bear the risk of the agent 'exceeding his authority in matters incidental to the doing of the acts the performance of which has been delegated to him'.
1 Citers
