Liability of Estate Owners and of Superintendents

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Excerpt from Liability of Estate Owners and of Superintendents: Being a Collection of Important Decisions on the Subject, by the Supreme Court and the District Court of Kandy, With an Introduction and ApendixAs a. General rule of law, a proprietor, or principal is liable, civility, for the acts and contracts of his agent or servant acting within the scape of his employment, but, in order to render the principal responsible, his assent must in all cases appear, either by express evidence thereof, or by proof of facts, from which the law will draw an inference that such assent was given. A principal will also 'be bound by such subordinate acts of the agent as are necessarily or usually connected with carry ing into efiect the object. Of the principal power, unless such presumptive power have been expressly negatived by the latter. The usage of the trade or the mode of transacting business will likewise in the absence of express directions, frequently determine the liability of the principal. But a person. Who enters into a contract which is expressed to be made by him for and on behalf of another may still contract thereby in such terms as to bind himself personally, and accordingly 'the question ih such cases is whether, looking at the contract as a whole, it appears to have been intended that he should be personally liable thereon. An agent is personally liableto third parties, whenever, in his dealings with them, he knowingly exceeds his authority or fraudulently, misrepresents the extent of his authority, or does an act, which, although 'he believes it'to be within the scope Of his authority, yet in fact is not'so, and at the same time omits to give such information to the other contracting party, as would' enable him, equally with himself, to judge of the authority under which he proposed to act.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.