A contractor was taken on to clean offices and was given keys. A cleaner made expensive international telephone calls.
Held: The appeal succeeded. The contractor was not vicariously liable for his employee’s acts. There had to be shown some connection beyond opportunity between the servant’s tortious or criminal act and the circumstances of his employment so that it was committed in the course of the servant’s employment; that the mere fact that the servant’s employment had given him access to the plaintiffs’ premises was not enough. To establish vicarious liability there had to be a nexus other than mere opportunity between the circumstances of employment and the wrongful act.
Citations:
[1987] ICR 949
Jurisdiction:
England and Wales
Cited by:
Cited – Frans Maas (Uk) Ltd v Samsung Electronics (Uk) Ltd ComC 30-Jun-2004
A large volume of mobile phones were stolen from a warehouse. The owner claimed damages from the bailee. The defendant said that standard terms applied limiting their responsibility to value calculated by weight.
Held: There was a bailment . .
Cited – Mattis v Pollock (T/A Flamingo’s Nightclub) QBD 24-Oct-2002
The claimant sought damages after being assaulted by a doorman employed by the defendant.
Held: The responsibility of the nightclub owner for the actions of his aggressive doorman was not extinguished by the separation in time and place from . .
Lists of cited by and citing cases may be incomplete.
Employment, Vicarious Liability
Updated: 28 July 2022; Ref: scu.198910