Tort – Liability. In a fraudulent misrepresentation claim, the judge by determining that it was fair just and reasonable for liability to be imposed on the agent's principle in all the circumstances of the case, had applied the wrong legal test for determining ostensible authority. The Court of Appeal, Civil Division, accordingly determined that the only fair and proper course was to remit for re-hearing the issue as to whether W was vicariously liable on the basis of R's ostensible authority.