swarb.co.uk - law index
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Vicarious Liability - From: 2001 To: 2001
This page lists 3 cases, and was prepared on 02 April 2018.
Balfron Trustees Ltd v Peterson [2001] IRLR 758
2001
CA
Laddie J, Dyson LJ
Employment, Vicarious Liability
The court analysed in detail the decision in Lister v Hesley Hall and continued: "All of these passages emphasise the necessity of identifying the duty or responsibility of the employer to the victim. If such a duty or responsibility exists, the employer cannot avoid liability because it was delegated to an employee who failed to comply with his employer's instructions. Even though the employee's acts are so heinous that they could not reasonably be said to form part of his obligations vis a vis his employer, they are treated as within the scope of his employment vis a vis the victim, since he was employed to discharge the employer's duty to the victim. If this analysis is right, then the first issue to be determined is whether or not the employer owed a duty to the victim/claimant. This is, no doubt, an area in which there is room for development (cf White v. Jones [1995] 2 AC 207 in relation to negligence). Whether or not a duty of care of the employer to the victim is involved, there must be some form of responsibility towards the victim. Once there is, the employer cannot escape his obligations by delegating to an employee."
1 Cites
1 Citers
Lister and Others v Hesley Hall Ltd; HL 3-May-2001 - Times, 10 May 2001; Gazette, 14 June 2001; [2001] UKHL 22; [2002] 1 AC 215; [2001] 2 All ER 769; [2001] 2 FCR 97; (2001) 3 LGLR 49; [2001] NPC 89; [2001] Fam Law 595; [2001] 2 WLR 1311; [2001] IRLR 472; [2001] ICR 665; [2001] Emp LR 819; [2001] 2 FLR 307; [2001] ELR 422
Cercato-Gouveia v Kiprianou and Another [2001] EWCA Civ 1203
17 Jul 2001
CA
May LJ
Vicarious Liability
Application for permission to appeal. Granted. An employer might be vicariously liable to one employee for the acts of another employee to whom he had delegated some of his duties to the claimant employee.
1 Cites
1 Citers
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