Date: Mon, 9 Dec 2002 15:17:40 -0500

From: Jason Neyers

Subject: Interesting New Cases

Dear Colleagues,

The HL has just released Dubai Aluminium Company Limited v. Salaam which deals with the vicarious liability of a partnership for the equitable wrongs of one of its partners. The case also deals with what this vicarious liability means for contribution purposes.

For what its worth, I find the case especially interesting because of Lord Nicholls suggestion (which I agree with) that Morris v C W Martin & Sons Ltd and Lloyd v Grace, Smith & Co are instances of personal rather than vicarious liability (on the basis of a representation/reliance type of reasoning).

Also, for those interested in the Blake case you might wish to look at Buckley J's decision in Experience Hendricks LLC v PPX Enterprises Inc [2002] EWHC 1353 (QBD) and B Corp v CD Co (The 'Sine Nomine') [2002] 1 Lloyd's Rep 805 which take a non-expansive view of gain-based liability. (Many thanks to Charles Mitchell for posting these two decisions to the RDG).

Happy Reading,

--
Jason Neyers
Assistant Professor of Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435
--

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