Agency: Definitional challenges through the law of tort

In two recent cases the High Court has been presented with arguments dlfected at applying the doctrine of agency for the purpose of attributing tOrtiOUS liability. On both occasions McHugh J has been willing to accede to such an approach. The purpose of this article is to assess what role agency should have In the context of tort, pnnclpally by addressing the two main questIOns Inherent In any agency problem: is there an agency relationship? and what is the scope of authority conferred by the agency? It is concluded that, though ingenious, McHugh J's attempts to introduce agency law for the purpose of generating a tort outcome should be resisted for fear of negatively affecting the nature and scope of the accepted law of agency. No word is more commonly and constantly abused than the word 'agent'.