Allender, a steward at a dance hall, and employed to keep order, assaulted a customer inside the hall in the mistaken belief that he had previously been himself assaulted by the customer. Allender explicitly rejected his employer’s instructions to return to the hall. Outside the dance hall the steward, in a rage, made an unprovoked attack and injured the customer who was not intending to re-enter.
Held: The employer was not liable to the injured patron. The first assault was held to be within the scope of the steward’s employment, but the second assault was an act of private retaliation and outside that scope.
Citations:
[1962] 2 Lloyd’s Rep 1
Jurisdiction:
England and Wales
Cited by:
Cited – Brown v Robinson and Sentry PC 14-Dec-2004
(Jamaica) The deceased claimant had been shot by a sentry employed by the respondent company. His estate appealed a finding that the sentry was not acting in the course of his employment.
Held: Older authorities had now been replaced by recent . .
Lists of cited by and citing cases may be incomplete.
Vicarious Liability
Updated: 29 April 2022; Ref: scu.188821
