First Principles of Business Law

9. A principal's liability for harm caused by their agent

9.2. Liability in tort

Read the facts below, and then answer the questions.

A is a supplier of building materials. He employs B as a sales agent. B's job is to go to building sites and obtain orders for materials that are needed. One day, A tells B to visit a building site where C is constructing a building. When B arrives at C's site, the foreman refuses to let him through the gate. B refuses to accept this and tries to force his way past the foreman, causing the foreman to fall and break his arm. The foreman incurs medical expenses having his arm treated. He is also off work for two weeks, losing his earnings for this period. The foreman wishes to sue either A or B in tort to recover his losses.

1. Has B's wrongful conduct in pushing past the foreman caused harm to the foreman?

2. Is B, who was acting as A's agent, liable to the foreman for this harm?

3. In the circumstances of the present case, is A likely to be liable in tort for the harm caused by B when pushing past the foreman?