6.4. The claim against broker A
It is clear, says the Court, that also the broker’s employee may be liable towards the principal of the brokerage firm. Here, broker A had acted negligently in a way that the Court described as “grossly negligent”. The Court found, however, that the liability of broker A was subject to the Act on Damages Section 5-2. The Court had, as mentioned above, rejected the application of this section in relation to the claim against the brokerage firm:
“As against A it is different. He is sued as a private person for acts performed as an employee of a company, and even though he is in a solid financial position, such a claim will ruin him. Therefore, the Court finds the liability of A shall be NOK 5 million.”
The conclusion is that A is jointly responsible for the entire claim, as regards the NOK 5 million award.