Section 80 - Explanation as to office

(1) Where, under section 78 or 79, a duty is constituted by an office, employment, agreement, or undertaking, the duty is sufficiently constituted in the case of a person

(a) who is actually discharging the duties belonging to that office or employment, or

(b) who is acting as if under that agreement or undertaking with respect to another person.

(2) A person is not excused from liability for failure to discharge a duty within the meaning of section 78 or 79 on the grounds that another person is also under the same duty, whether jointly or independently and whether on the same or on a different ground.

Illustrations

Subsection (1)

1. A deputy gaoler, even though unlawfully appointed, is under the duties of a gaoler in relation to the prisoner.

2. A master is under the duties of a master in relation to the apprentice, even though the articles of apprenticeship are void.