R v Wunderlich [1912] ZATPD 147 (6 December 1912)

Reported
Flynote

Liquor laws.-Sale of liquor.-Breach of conditions of
licence.-Barman.-Scope of authordy.-Ignorance
of licensee.--lnstructions.-Urdinance 32 of 1902,
secs. 7 and 56 (7).-0rdinance 17 of 1903, sec. 4 (7).

Case summary

A barman, acting wdhin the scope of his authority but
contrary to the direct instructions of his employer,
the holder of a liquor licence, contravened sec. 56
(1) of Ordinance 32 of 1902 by selling liquor contrary
to the conditions of the licence. The licensee was
unaware of the sale though he was present at the
time : -Held, that the licensee was liable for the act
of his barman.


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