Section 78 Proof of Incompetence

• Library: Commercial Law 2007

Specific past acts of the entrustee may be used to establish incompetence by reason of habitual carelessness, although the past acts must demonstrate that the reckless acts were “so constantly committed as to constitute a habit of negligence” before liability may be imposed on the entrustor. Lix v. Gastian, 261 S.W.2d 497, 500 (Mo. App. E.D. 1953) (one prior guilty plea on a charge of careless driving insufficient to establish habit of negligence). Habitual carelessness cannot be shown by reputation, but...