20180717 When your agent harms others, is it your fault?

20180717 (Tue)

When your agent caused harm to the tenant, is it your fault?

Can you indemnify your agent to a criminal act? Take for example, your agent had a heated discussion with a prospect tenant. Then out of anger, he rammed into the tenant’s car. Both of them went to the police station – as traffic offence. The fine and damage repair costs RM5,500. Who is responsible? You the owner/landlord, or he the agent himself is responsible for the fine?

S.177 CA50 has the law for this.

S.177 Non-liability of employer of agent to do a criminal act.

Where one person employs another to do an act which is criminal, the employer is not liable to the agent, either upon an express or an implied promise, to indemnify him against the consequences of that act.

The answer is he who is an adult, should control his own temper. His criminal act is none of your responsibility. He cannot be indemnified.

How about an act which is unlawful? Can your principal asks you to perform an unlawful act?

Tomorrow we will discuss on this.

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