McHugh & Anor v Kerr & Anor

McHugh & Anor v Kerr & Anor

Mr Gordon's fraudulent acts were sufficiently connected to the ordinary business of the firm, making the firm vicariously liable under section 10 of the Partnership Act 1890; the Respondents' negligence did not break the chain of causation, and the fraud was the sole cause of their loss.

Parties
Appellant: Eamon McHugh; Appellant: Mary Ellen Lynch; Respondent: John Wilson Kerr; Respondent: Ellis Allen
Jurisdiction
England and Wales
Judgment Date
09 December 2003
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Vicarious Liability, Fraud, Deceit, Causation, Contribution, Ordinary Course of Business
Partnership Law Tort Law Vicarious Liability Fraud Deceit Causation Contribution Ordinary Course of Business

Case Brief

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Parties

Eamon McHugh

Appellant

Mary Ellen Lynch

Appellant

John Wilson Kerr

Respondent

Ellis Allen

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the fraudulent acts of Mr Gordon were committed in the ordinary course of business of the firm for purposes of vicarious liability under section 10 of the Partnership Act 1890
  2. 2 Whether the negligence of the Respondents breaks the chain of causation and absolves the Appellants from liability

Ratio Decidendi

Mr Gordon's fraudulent acts were sufficiently connected to the ordinary business of the firm, making the firm vicariously liable under section 10 of the Partnership Act 1890; the Respondents' negligence did not break the chain of causation, and the fraud was the sole cause of their loss.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.