“Employers vicariously liable for employee's unauthorised but connected acts during employment.”
A petrol tanker driver was transferring petrol when he lit a cigarette and discarded the match, causing an explosion. The employer argued they were not liable as smoking was prohibited and the driver acted outside his employment.
Whether an employer can be vicariously liable for an employee's prohibited acts that cause damage while the employee is performing authorised duties.
The House of Lords held the employer was vicariously liable for the driver's negligent act.
This is a foundational case for vicarious liability, establishing the 'close connection' test that remains central to determining when employers are liable for employee wrongdoing. It's essential for understanding the scope and limits of vicarious liability in tort law.
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OSCOLA Citation
Century Insurance Co Ltd v Northern Ireland Road Transport Board [1942] AC 509
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