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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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An employee of my supplier constructed a realistic life size

Resolved Question:

An employee of my supplier constructed a realistic life size effigy and hung it by the neck on my client's building when his payment was late. He wrote the names if my company and my client upon the effigy. My client then terminated the remainder of my contract, citing the effigy as a reason. Do I have a claim for loss of profit from my supplier? My supplier claims his employee was acting on his own behalf.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
Yes you do have an argument for loss of profit. The supplier is vicariously liable for the actings of his employee. Your claim would be for damages, assuming that your client was legally justified in terminating the contract of course.
The specific terms of the contract would have to be examined.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.
Just to clarify; the 'employee' was actually self-employed, I.e. A sub contractor to my supplier. Does that change things?
I don't want to go to court. Would it be an idea to offer a without prejudice settlement ?
Expert:  JGM replied 3 years ago.
Of the person was a sub contractor then the "employer" is not an employer and is not vicariously liable.
As far as settlement is concerned it is always better to try to reach a settlement that to litigate on the grounds of uncertainty and cost.
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