Mair v Wood [1947] ScotCS CSIH_2 (19 December 1947)

Mair v Wood [1947] ScotCS CSIH_2 (19 December 1947)

A partnership is not liable to a partner for injury or loss caused by the negligence of another partner acting within the scope of the partnership business; the right to indemnity from the partnership does not extend to compensation for personal injury caused by a fellow-partner's negligence.

Citation
[1947] ScotCS CSIH_2
Parties
Pursuer: Mair; Defender: Wood; Defender: Joseph Mowatt; Defender: Dr Wood; Defenders: Other unnamed partners
Jurisdiction
Scotland
Judgment Date
19 December 1947
Procedural Posture
Civil / Appeal
Outcome
action dismissed
Legal Topics
Vicarious Liability, Negligence, Partner Claims Against Firm, Agency, Indemnity
Partnership Law Tort Law Vicarious Liability Negligence Partner Claims Against Firm Agency Indemnity

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Parties

Mair

Pursuer

Wood

Defender

Joseph Mowatt

Defender

Dr Wood

Defender

Other unnamed partners

Defenders

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Can a partner hold his firm vicariously liable for a delict or quasi-delict committed by another partner resulting in injury to himself?
  2. 2 Is a partnership liable to a partner for the negligence of another partner acting within the scope of the partnership business?

Ratio Decidendi

A partnership is not liable to a partner for injury or loss caused by the negligence of another partner acting within the scope of the partnership business; the right to indemnity from the partnership does not extend to compensation for personal injury caused by a fellow-partner's negligence.

Court Disposition

action dismissed

Orders

  • interlocutor appealed against recalled
  • defenders' second plea in law sustained