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High Court Wellington
16, 17, 18 December 1974
Mahon J
16, 17, 18 December 1974
Mahon J
Tort — Defences of action of tort of absolute liability — Act of "stranger" or "natural user" - Who is a "stranger" - Fire lit on farm spreading to adjacent land — Fire lit in the absence of manager by his son who was temporarily looking after farm.
Agency — Relations between principal and third partner — Principal's manager authorised to delegate — Principal unaware of delegation or the extent of authority delegated — Principal liable for contracts but not for tortious acts of such agent.