
Menu:
1
150
300
450
600
750
1000
1250
1350
1450
|
7 But when such a formula is adopted, it soon acquires an independent standing of its own. Instead of remaining only a short way of saying that when from policy the law makes a master responsible for his servant, or because of his power gives him the benefit of his slave's possession or contract, it treats him to that extent as the tort-feasor, possessor, or con- tractee, the formula becomes a reason in itself for making the master answerable and for giving him rights. If " the act of the servant is the act of the master," or master and servant are " considered as one person," then the master must pay for the act if it is wrongful, and has the advantage of it if it is right. And the mere habit of using these phrases, where the master is bound or benefited by his servant's act, makes it likely that other cases will be brought within the penumbra of the same thought on no more substantial ground than the way of thinking which the words have brought about. I shall examine successively the English authorities with regard to agency in tort, contract, ratification, and posses- sion. prev     next
|