Question

The husband will not be liable as agent if he shows that _____.

• A. He had told tradesman to supply goods on credit to his wife
• B. He had expressly allowed the wife to pledge his credit
• C. His wife was already sufficiently supplied with the articles in question
• D. All of the above

Answer 1

Answer: (C)

His wife was already sufficiently supplied with the articles in question

The most common example of an 'implied agency' between husband and wife may be seen where the wife purchases household necessaries on credit. A wife who lives with her husband is supposed to have an implied authority of her husband to purchase goods of domestic necessity on credit. The husband is bound to pay the price of goods. But if the husband already sufficiently supplied his wife with necessaries, he would not be liable as an agent.