was tort committed in employment? Flashcards
1
Q
6 points of law to remember
A
- unauthorised manner
- employee acting on a frolic (not VL)
- undertakes an act strictly prohibited
- deviation from a journey/ duty
- unauthorised intentional wrongdoing
- case by case judgement/ evaluation
2
Q
Century Insurance v Northern Ireland Road Transport Board
A
-employee lit a cigarette and threw match to ground, causing an explosion- employee was carrying out on authorised act- albeit carelessly
POINT OF LAW- unauthorised manner
3
Q
Beard v London Omnibus Company
A
- Beard, a bus conductor (they collect fares) and NOT A DRIVER, drove a bus through side streets and not on bus route
- not in course of his employment and to work a frolic of his own
POINT OF LAW- employee acting on a frolic (not VL)
4
Q
Rose v Plenty
A
- Plenty, an employee, was specifically told not to use children to help with deliveries- but Plenty still did
- child suffers injury to his foot
- Plenty acting in course of his employment, employer was vicariously liable
POINT OF LAW- undertakes an act strictly prohibited
5
Q
Smith v Stages
A
- Stages, an employee, driving back to his place of work after working away, he had been given cost of a railfare but not told how to travel
- court decided he was acting in course of his employment as he was being paid to travel
POINT OF LAW- deviation from a journey/duty
6
Q
Lister v Hesley Hall
A
- warden of a school for child training with emotional difficulties sexually assaulted some of them
- convicted of criminal offences
- HoL decided there was a close connection between his job and his actions as assaults were carried out on school premises
POINT OF LAW- unauthorised intentional wrongdoing
7
Q
Mohamud v Morrison’s
A
- employee’s job was to attend to customers and respond to inquiries
- ordered mr Mohamud to leave, was inexcusable but within ‘field of activities’ (was being foul mouthed)
POINT OF LAW- case by case judgement/ evaluation
