Liability Of Principal For Acts Of Agent Colonial Mutual Life Course In the case of colonial mutual life assurance society ltd v macdonald, the court ruled that the insurance society was not liable for the negligent acts of its agent, w. e. brittain, as he was deemed an independent contractor rather than a servant. The duties of an agent for a life insurance society were stated in his contract to be to obtain proposals for assurance for the society, to collect the required premiums and to arrange for proponements to be medically examined.
Macdonald Ltd Appellants V Radin No And The Potchefstroom Dairies Pdf Held, allowing an appeal, that the agent was not a servant of the society, but an independent contractor for whose negligent acts the society was not liable. the decision of the eastern districts local division in mcdonald v colonial mutual life assurance society ltd reversed. After referring to various categories of case in which a duty of that kind was said to have arisen in cases before the courts in that country the court went on to say the following:. We would expect that in addition to what would have gone without saying, namely that he should not act directly or indirectly for any other life assurance society, he would have had to devote his whole time and attention to the business of the society, and would, in the absence of an agreement to the contrary, have been entitled to be. On studocu you find all the lecture notes, summaries and study guides you need to pass your exams with better grades.
The Colonial Mutual Life Cookery Book Colonial Mutual Life Assurance We would expect that in addition to what would have gone without saying, namely that he should not act directly or indirectly for any other life assurance society, he would have had to devote his whole time and attention to the business of the society, and would, in the absence of an agreement to the contrary, have been entitled to be. On studocu you find all the lecture notes, summaries and study guides you need to pass your exams with better grades. The plaintiff, colonial mutual life, sought to avoid a life insurance policy on the grounds of alleged misrepresentation by the insured, macdonald. the court held that for a misrepresentation to be material, it must influence the judgment of a prudent insurer in deciding whether to accept the risk. Colonial mutual life assurance society ltd v macdonald (1931) case study course: law of delict (blw212e) 188 documents. Vicarious liability case summaries colonial mutual life assurance society ltd v macdonald 1931 ad 412 (de villiers cj only) facts this is an appeal from a judgement of the eastern district local division. It seems to me that the whole question in this case is to decide firstly whether brittain was a servant of the society or its agent, and secondly, if he was its agent whether the society is liable, and if so how far its liability extends for the delicts and quasidelicts of its agent.
Nichols V Marsland 1876 Case Summary The plaintiff, colonial mutual life, sought to avoid a life insurance policy on the grounds of alleged misrepresentation by the insured, macdonald. the court held that for a misrepresentation to be material, it must influence the judgment of a prudent insurer in deciding whether to accept the risk. Colonial mutual life assurance society ltd v macdonald (1931) case study course: law of delict (blw212e) 188 documents. Vicarious liability case summaries colonial mutual life assurance society ltd v macdonald 1931 ad 412 (de villiers cj only) facts this is an appeal from a judgement of the eastern district local division. It seems to me that the whole question in this case is to decide firstly whether brittain was a servant of the society or its agent, and secondly, if he was its agent whether the society is liable, and if so how far its liability extends for the delicts and quasidelicts of its agent.
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