Page:Halsbury Laws of England v1 1907.pdf/436

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Agency.

214 Sect.

4.

Principal's

Liability for

Agent's

Torts.

Compulsory pilotage.

453. Where a ship is in charge of a duly qualified pilot, the shipowner's responsibility for any acts or defaults of such pilot depends upon the circumstances of his employment. If his employment is compulsory, and necessarily involves his taking sole charge of the ship, the owner is not responsible for his errors of navigation {p), unless the master or crew are guilty of contributory negligence (q). But the owner is responsible if the employment of the pilot is not compulsory (r), or if, though compulsory, it does not necessarily (s) involve taking the ship out of the charge of the master {t). Sub-Sect.

Where agent knows representation to

be

false.

Where agent believes re-

presentation to be true.

Kepresentations as to credit.

454. Where an agent

3.

Misrepresentations.

personally guilty of fraudulent misrepresentation {a) in the course of his employment, the principal is responsible as for any other tort, and an action of deceit lies against him (b). Where the agent makes a representation which he honestly believes to be true, but which the principal knows to be false, the principal is responsible if he has intentionally concealed the truth from the agent in order that the representation in question might be made by the agent (c). But if the concealment on the part of the principal is not intentional, and the representation is made by the agent without his privity or authority, the principal's responsibility is not free from doubt {d). The principal is not responsible for any representation as to the character or credit {e) of another person made by his agent, unless such representation is in writing signed by the principal himself (/). A signature by the agent is not sufficient ((/), even though expressly authorised or adopted by the principal Qi). is

Gihhs (1864) L. E,. 1 H. L. 93, ^^er Lord Wensleyd ALE, J., at p. 120 Metcalfe v. Hetherinqton (1855), 11 Exch. Tozeland v. West Ham Union, [1907] 1 K. B. 920 McKay v. Bufalo City 257 (1876), 9 Hun. (N. Y.) 401, 74 N. Y. 619. {p) Merchant Shipping Act, 1894 (57 & 58 Yict. c. 60), s. 633; and see The Halley (1868), L. E. 2 P. C. 193 see title Shipping and Navigation. 7 [q) The Velasquez (1867), L. E. 1 P. 0. 494; The Guy Mannering P. D. 132, per Brett, L. J., at p. 134.

Mersey Docks Trustees at p.

1

24,

v.

and Blackburn,









The Maria (1839), 1 W. Eob. 95. The Dallington, [1903] P. 77 The Prins Hendrik, [1899] P. 177 The Guy Mannering, supra. {t) As in The DaUington, supra. [a] For the effect of such misrepresentation upon contracts made by the agent, (r) (s)





see p. 211, ante.

Bariuick v. English Joint Stock Bank (1867), L. E. 2 Exch. 259, per J., atp. 265. (c) Ludgater v. Love (1881), 44 L. T. 694. {d) Cornfoot v. Foiuke (1840), 6 M. & W. 358, decided against his responsibility. This case, however, was not followed in Fuller v. Wilson (1842), 3 Q,. B. 58, reversed on another ground Wilson v. Fuller (1843), 3 Q. B. 68, 1009, and doubted in Ludgater v. Love, supra. See also Barwick v. English Joint Stock Bank, supra. (e) Eor the meaning of a representation as to credit, see Bishop v. Balkis Consolidated Co. (1890), 25 Q. B. D. 512. (/) Lord Tenterden's Act, 1828 (9 Geo. 4, c. 14), s. 6; SwiftY. Jewslury (1874), L. E. 9 Q. B. 301. [cj) Even though the principal be a corporation {Hirst v. West Riding Banking Co., [1901] 2 B. 560). {h) Williams v. Mason (1873), 28 L. T. 232. (J))

WiLLES,

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