VL: Lending Employees

Question 1

Mersey Docks and Harbour Board v Coggins and Griffiths

Answer 1

Facts?
Crane driver hired out and whilst under control of contracting party negligently injured someone. Argued original employer retained responsibility.

Principle? General rule = original employer remains liable for contracted-out employee.

Question 2

Viasystems v Thermal Transfer

Answer 2

Possible for two parties to be vicariously liable for actions of same, negligent employee e.g. where employee lent to another and both entitled to control employee’s actions to prevent negligent act.

Note: this is rare – general rule above not affected. In Various Claimants – school AND institute VL.