Seminar 15 - Vicarious Liability by Claire Turner

Adam is employed by He-Man Gym as a personal trainer. He is fully qualified, came with a good references and a clean criminal record check. His manager, Adele, explicitly reminded him to put an “Out of Order” notice on a malfunctioning tread-mill before opening up the gym floor, emphasising that this is critical. Nevertheless, Adam failed to do this, with the result that Mavis attempted to use the faulty machine, and was catapulted off, seriously injuring her back.Later that day, Adam persuaded gym-member, Laura, to have a drink with him after his shift. He promised that he would give her his opinion on some new protein-shakes on the market and went to the pub still wearing his uniform. He-Man Gym actively encourage their employees to wear their work-T-shirts out and about in order to promote the brand. Whilst they were there, Adam pushed Laura back in her seat, grabbed her shoulders and forcibly kissed her on the mouth. Laura struggled to escape, but Adam just laughed and carried on.On leaving the pub, Adam met Ryan in the carpark. Ryan said that his girlfriend, Lisa, had fainted and, knowing that personal trainers have basic first-aid skills, asked whether Adam could help. Lisa woke up to find Adam touching her breasts in a sexual way, which had no medical justification.Advise He-Man Gym

claire43 — 2022-02-01 10:39:45 UTC

Sweet Dreams PLC is a confectionary company. It runs factory tours of its manufacturing premises. Jasmin is a foster carer for Bleakly Council and is currently looking after Matthew, a three year old. Jasmin has taken Matthew on a Sweet Dreams factory tour. Visitors on the tour are warned that people with nut-allergies should avoid certain parts of it, and indicates the points at which they need to take an alternative route with prominent signs and a loud reminder from the tour-guide. However, Jasmin was texting her girlfriend and failed to notice or hear these warnings. As such, she allowed Matthew to enter an area with nuts. Jasmin was well aware that Matthew had a severe peanut allergy. Unfortunately, he suffered anaphylactic shock and almost died.The same day, a party of nuns arrived for the Sisters of St Guthlac annual outing. Sister Rosie lost all self-control at the scent of cocoa. Pushing over Terry, the tour guide, and ignoring a “Strictly No Admittance” sign, she rushed into a restricted area and dived into a vat of melting chocolate (no, seriously). Once Sister Rosie had been recovered from the vat, Sweet Dreams had to throw away several gallons of chocolate mixture as a result and had to halt production whilst cleaning could take place.Advise Bleakly Council and the Sisters of St Guthlac.

claire43 — 2022-02-01 10:39:53 UTC

Link to Prezi

claire43 — 2022-02-01 10:48:31 UTC

Issue 1 - negligence as a result of failing to leave the sign out

claire43 — 2024-02-01 15:30:04 UTC

Duty of care - Caparo

Omission? Smith v Littlewoods

Breach - Blyth v Birmingham

Gym - also a duty

Sue Gym or Adam. Vicariously Adam's action

Step 1- Tort established

Step 2 - applicable relationship

Step 3 - Close connections -not authorised. Lister v Hesley - close connection between omission and his employment. Unathorised but within the course of his employment (Rose v Plenty)

Issue 2 - trespass by Adam in relation to Laura

claire43 — 2024-02-01 15:30:50 UTC

Step 1 and step 2 established

Issue - trespass by Adam - Lisa

claire43 — 2024-02-01 15:31:12 UTC

Same as above.

Issue 2 - trespass to the person

2024-02-01 15:45:59 UTC

Step 1: did the employee committed a tort?

- Yes, trespass to the person

Step 2: There is applicable relationship

Step 3: Outside of course of employment

Key facts -

not in his place work - pub as opposed gym
Wearing the T shirt promoting gym
He-Man Gym actively encourage their employees to wear their work-T-shirts out and about in order to promote the brand.
Claimant will rely on Mattis (criminal offence still course employment due to close connection (Lister) and Mohamud (customer facing role.

- N v CC Merseyside - relied on by defence. 'Frolic of his own' (Joel v Morrison)

- Assault by Adam