FRAUD OR THEFT OF TORT BY SERVANTS

TOPIC OF THE DAY

- THE MEANING OF FRAUD

- THE MEANING OF THEFT

- THE LIABLITY OF MASTER FOR FRAUD AND THEFT OF THEIR SERVANTS

THE MEANING OF FRAUD

The meaning of fraud typically involves intentional deception for personal gain. It can manifest in various forms, such as false representation, concealment of facts, or misleading statements. Statutes categorized fraud into different types, like securities fraud, insurance fraud, or mail fraud, each with its own set of criteria and consequences.

THE MEANING OF THEFT

Theft refers to the unlawful taking of someone else's property with the intent to permanently deprive them of it. Theft includes elements like dishonesty and intention to permanently deprive and examples such as robbery, burglary, or embezzlement. 

THE LIABLITY OF MASTER FOR FRAUD AND THEFT OF THEIR SERVANTS

This is typically governed by principles of vicarious liability or respondeat superior. This legal doctrine holds employers responsible for the wrongful acts of their employees when those acts occur within the scope of employment. See the case of Lloyd v. Grace Smith & Co which have established that employers can be held liable for the fraudulent actions of their employees if those actions are carried out in the course of their employment. Statutory law and common law principles further delineate the extent of this liability, outlining factors such as the nature of the employment relationship and the foreseeability of the employee's actions which provide guidance on when and how employers can be held accountable for the fraud and theft committed by their servants.