swarb.co.uk - law index
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Vicarious Liability - From: 1997 To: 1997
This page lists 3 cases, and was prepared on 02 April 2018.
ÂKeith Trevor Barrett v London Borough of Enfield Times, 22 April 1997; [1999] 3 WLR 79; [1997] EWCA Civ 1330
25 Mar 1997
CA
The Master Of The Rolls (Lord Woolf) Lord Justice Evans Lord Justice Schiemann
Professional Negligence, Local Government, Vicarious Liability
A Local Authority is only vicariously liable for the negligence of a social worker to a child in care.
1 Cites
1 Citers
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Generale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credit Guarantee Department Times, 04 August 1997; Gazette, 10 September 1997; [1998] 1 Lloyd's Rep 19; [1997] EWCA Civ 2165
23 Jul 1997
CA
Stuart-Smith LJ, Hobhouse LJ
Employment, Torts - Other, Vicarious Liability, Banking
The bank claimed that it had been defrauded, and that since an employee of the defendant had taken part in the fraud the defendant was had vicarious liability for his participation even though they knew nothing of it. Held: Where A becomes liable to B as a joint tortfeasor with C in the tort of deceit practised by C on B on the basis that A and C have a common design to defraud B and A renders assistance to C pursuant to and in furtherance of the common design, does D, A's employer, become vicariously liable to B, simply because the act of assistance, which is not itself the deceit, is in the course of A's employment with D? An employer was not liable for the fraudulent acts of his employee during the employment but may be for purposes of fraud by third party.
Hobhouse LJ said: "Mere assistance, even knowing assistance, does not suffice to make the 'secondary' party liable as a joint tortfeasor with the primary party. What he does must go further. He must have conspired with the primary party or procured or induced his commission of the tort . . ; or he must have joined in the common design pursuant to which the tort was committed"
1 Cites
1 Citers
[ Bailii ]
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Lewis v British Columbia [1997] 3 SCR 1145; 43 BCLR (3d) 154; 1997 CanLII 304 (SCC); 153 DLR (4th) 594; [1998] 5 WWR 732
11 Dec 1997
Sopinka, Cory, McLachlin, Iacobucci and Major JJ
Vicarious Liability, Commonwealth, Negligence
(Supreme Court of Canada) Torts - Negligence - Highways - Crown liability - Provincial ministry engaging independent contractor to remove rocks from cliff face - Contractor performing work negligently, leaving rocks protruding from cliff face - Driver fatally injured when one of rocks fell from cliff face and crashed through his windshield - Whether provincial ministry absolved from liability for contractor’s negligence.
Cory J said that a common law duty of care "does not usually demand compliance with a specific obligation. It is only when an act is undertaken by a party that a general duty arises to perform the act with reasonable care."
1 Citers
[ Canlii ] - [ Canlii ]
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