Is a representation of a principal not a representation by the principal?
Saskatchewan, Canada
The following excerpt is from Kindersley District Credit Union Limited v. Niles and Zemlak, 1987 CanLII 4584 (SK QB):
King, J., in Richards v. Bank of Nova Scotia (1896), 1896 CanLII 66 (SCC), 26 S.C.R. 381, stated at p. 386: “When a person is acting outside of the apparent scope of his authority and makes a representation to advance his own private ends (or what is the same thing the private ends of some one other than his principal) it can in no sense be called the representation of the principal. In other words it is not a representation by him as agent. In such case the belief of the person acting upon it is immaterial as against such obvious want of authority.”
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