Wyatt v. Wehmueller

In Wyatt v. Wehmueller, 167 Ariz. 281, 806 P.2d 870 (1991) the Arizona Supreme Court departed from the general common law rule that the knowledge of an agent is imputed to the agent's principal because it determined that the legislature, by statute, had intended to abrogate the common law rule and require that the principal have knowledge-in-fact. Id. at 284-85, 806 P.2d at 873-74. The court reasoned that the statute at issue carried with it criminal penalties and the scienter element of a criminal act could not be imputed. Id. at 285, 806 P.2d at 874. In addition, the court determined that the available remedies were punitive in nature, and, therefore, outside the scope of the general common law rules. Id. at 285-86, 806 P.2d at 874-75.