swarb.co.uk - law index
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Vicarious Liability - From: 1998 To: 1998
This page lists 8 cases, and was prepared on 02 April 2018.
Scarborough Building Society v Howes Percival (a Firm) [1998] EWCA Civ 407
5 Mar 1998
CA
Torts - Other, Vicarious Liability, Legal Professions
[ Bailii ]
Hornsby and others v Clark Kenneth Leventhal (a Firm) and others [1998] EWCA Civ 496
19 Mar 1998
CA
Financial Services, Vicarious Liability
1 Citers
[ Bailii ]
Simon Trotman (By her Mother and Next Friend Irene Trotman) v North Yorkshire County Council Gazette, 26 August 1998; [1998] EWCA Civ 1208; [1999] LGR 584
14 Jul 1998
CA
Butler-Sloss LJ, Thorpe LJ Chadwick LJ
Vicarious Liability
The court considered the liability of the respondent for sexual assaults committed by an employee teacher when taking students on school trips. Held: The Local Authority was not vicariously liable for sexual assault committed by employee teacher on mentally disabled child whilst on school trip to Spain. Such an assault was not a case of an authorised act carried out in unauthorised manner: 'it is useful to stand back and ask: applying general principles, in which category in the Salmond test would one expect these facts to fall? A deputy headmaster of a special school, charged with the responsibility of caring for a handicapped teenager on a foreign holiday, sexually assaults him. Is that in principle an improper mode of carrying out an authorised act on behalf of his employer, the council, or an independent act outside the course of his employment? His position of caring for the plaintiff by sharing a bedroom with him gave him the opportunity to carry out the sexual assaults. But availing himself of that opportunity seems to me to be far removed from an unauthorised mode of carrying out a teacher's duties on behalf of his employer. Rather it is a negation of the duty of the council to look after children for whom it was responsible. Acts of physical assault may not be so easy to categorise, since they may range, for instance, from a brutal and unprovoked assault by a teacher to forceful attempts to defend another pupil or the teacher himself. But in the field of serious sexual misconduct, I find it difficult to visualise circumstances in which an act of the teacher can be an unauthorised mode of carrying out an authorised act, although I would not wish to close the door on the possibility.'
1 Citers
[ Bailii ]
Dubai Aluminium Company Ltd v Salaam and Others; QBD 17-Jul-1998 - Times, 04 September 1998; [1998] EWHC 1204 (Comm); [1999] 1 Lloyd's Rep 415
Thames Water Utilities v King and Another [1998] EWCA Civ 1283
23 Jul 1998
CA
Vicarious Liability, Construction
Damage caused by independent contractor.
[ Bailii ]
E v North Yorkshire County Council Times, 10 September 1998
10 Sep 1998
CA
Vicarious Liability
Where a teacher abused a handicapped child whilst away on school trip the local authority was not vicariously liable for such behaviour since it was an independent act occurring outside the course of employment even though in loco parentis
T v North Yorkshire County Council Gazette, 23 September 1998
23 Sep 1998
CA
Vicarious Liability
Local authority could not be vicariously liable for a teacher sexually assaulting a child in his care whilst on school trip abroad. In no sense was the teacher performing any of his duties.
Ward v Scotrail Railways Limited [1998] ScotCS 81; 1999 SC 255
27 Nov 1998
SCS
Lord Reed
Scotland, Vicarious Liability
The claimant sought damages from the defender, saying that a co-worker had sexually harrassed her. The behaviour continued after she made a complaint to her employer. Held: It was conceded that the employee's conduct was not such as to attract a vicarious liability, but in the circumstances the employee was indulging in an unrelated and independent venture of his own.
1 Cites
1 Citers
[ Bailii ] - [ ScotC ]
