Tyler v. Logan [1904] ScotLR 42_88 (23 November 1904)

Tyler v. Logan [1904] ScotLR 42_88 (23 November 1904)

The manager, having acknowledged receipt of goods and being responsible for the stock, is civilly liable for the unaccounted shortage, regardless of the absence of evidence of dishonesty or embezzlement.

Citation
[1904] ScotLR 42_88
Parties
Pursuer/respondent: Henry Peters Tyler; Defender/appellant: George Logan
Jurisdiction
Scotland
Judgment Date
23 November 1904
Procedural Posture
Civil / Appeal Judgment (court of Session, Inner House, Second Division)
Outcome
appeal dismissed; judgment for pursuer/respondent
Legal Topics
Agent's Duty to Account, Managerial Liability, Burden of Proof in Civil Claims, Responsibility for Stock Shortages
Agency Law Employment Law Commercial Law Agent's Duty to Account Managerial Liability Burden of Proof in Civil Claims Responsibility for Stock Shortages

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Parties

Henry Peters Tyler

Pursuer/respondent

George Logan

Defender/appellant

Procedural Posture

Civil / Appeal Judgment (court of Session, Inner House, Second Division)

Legal Issues

  1. 1 Is a branch manager civilly liable to account for unaccounted stock shortages in the absence of proven dishonesty or embezzlement?
  2. 2 Does the absence of evidence of fraud or embezzlement absolve a manager from liability for missing stock?

Ratio Decidendi

The manager, having acknowledged receipt of goods and being responsible for the stock, is civilly liable for the unaccounted shortage, regardless of the absence of evidence of dishonesty or embezzlement.

Court Disposition

appeal dismissed; judgment for pursuer/respondent

Orders

  • Defender/appellant to pay £62, 1s. 9d. to pursuer/respondent.