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...ucks directed onto property. Applicant not a party to that contract and exclusion clause was not brought to Applicant’s attention, therefore exclusion clause does not apply to Applicant driver was an agent for the Respondent and carrying out the Respondent’s business at the time. Therefore, Respondent vicariously liable for driver’s negligence, costs claimed for temporary and full repairs reasonable claim allowed, Respondent ordered to pay Applicant $5,151.29. According to the Law of New Zealand when driving a vehicle, a driver has a duty to take care to avoid damaging property belonging to others. Any failure to do so breaches that duty and renders the driver liable for the cost of repairing the property. If the driver is an agent for the owner of the property and is undertaking the owner’s business, the owner can be held vicariously liable for the driver’s actions.
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