Is there a vicarious liability for the negligence of a real estate agent to properly inform himself of the property?

As well, on the basis of principle, there ought to be vicarious liability for the negligence of a real estate agent to properly inform himself of the property, as alleged in this case. According to McLachlin J. (now C.J.C.) in Bazley v. Curry, supra at 559-60, the court, where precedent is inconclusive, should be guided by principles, summarized as follows: 1. Should liability lie against the employer? 2. Is the wrongful act sufficiently related to the conduct authorized by the employer, or in other words, the risk created by the employer? 3. In determining the sufficiency of the connection noted in #2, the court may consider the following factors: a. The opportunity that the enterprise afforded the employee to abuse his/her power. b. The extent to which the wrongful act may have furthered the employer’s aims. c. The extent to which the wrongful act was related to friction, confrontation, or intimacy inherent in the employer’s enterprise. d. The extent of power conferred on the employee in relation to the victim. e. The vulnerability of potential victims to wrongful exercise of the employee’s power.