Contract Law - Liability of trustees and personal representatives for employees' acts

What this page is about: Liability of trustees and personal representatives for employees' acts

Private trustees, personal representatives and other persons in a fiduciary position who are obliged, for the due performance of their duties, to engage employees, are liable personally for their employees' acts1 done in the course of their employment and within the scope of their authority2. They are, however, entitled to be indemnified out of the trust estate, whether their liability is founded upon contract3 or upon tort4, provided the liability was incurred in the reasonable and proper management of the estate. Any third person who has succeeded in establishing the liability of a personal representative or trustee for any act done by his employee is subrogated to the right of indemnity of the representative or trustee, and may claim direct against the trust estate, whether he has recovered judgment against the personal representative or trustee in contract5 or in tort6.

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Also in this section:

1170. Contracts made by an employee under express authority
1171. When authority is implied
1172. Estoppel
1173. Ratification
1174. Employer's conduct
1175. Apparent scope of employee's authority
1176. Nature of contract and circumstances of employment
1177. Nature of employer's business
1178. Notice of determination of authority
1179. Employer under disability
1180. Employer a minor
1181. Employer suffering from mental disorder
1182. Corporations
1184. Crown's liability on contracts