Mackay and Another v The Commercial Bank of New Brunswick and Others: PC 14 Mar 1874

(New Brunswick) It may be generally assumed that, in mercantile transactions, principals do not authorise their agents to act fraudulently, frauds are beyond the agent’s authority in the narrowest sense of which the expression admits; but that so narrow a sense would be opposed to justice and so a wider construction had been put on the words, and that it was difficult to define how far it went.

Judges:

Sir Montague Smith

Citations:

[1874] UKPC 20

Links:

Bailii

Jurisdiction:

Canada

Cited by:

CitedMohamud v WM Morrison Supermarkets plc SC 2-Mar-2016
The claimant had been assaulted and racially abused as he left a kiosk at the respondent’s petrol station by a member of staff. A manager had tried to dissuade the assailant, and the claim for damages against the supermarket had failed at first . .
Lists of cited by and citing cases may be incomplete.

Vicarious Liability, Agency

Updated: 20 August 2022; Ref: scu.418905