TORT – Negligence – The position of the law as regards the tort of negligence where a car owner entrusts his car with an agent

“In Ormrod v. Crosville Motor Services Ltd. [1953] 1 W.L.R. 1120, the same question as to the liability of the owner of a motor car or other equipage for the negligence of a person to whom, for the time being, the chattel had been entrusted was raised. Denning L.J. (as he then was) at pp. 1122-1123, discussing the legal position of the owner of the chattel, observed as follows:- “The owner is also liable if the driver is his agent, that is to say if the driver is with the owner’s consent, driving the car on the owner’s business or for the owner’s purposes … The law puts a special responsibility on the owner of a vehicle who allows it out on to the road in charge of someone else, no matter whether it is his servant, his friend or anyone else. If it is being used wholly or partly on the owner’s business or for the owner’s purposes, then the owner is liable for any negligence on the part of the driver”. The result of the cases is that a task or duty must have been delegated by the owner of the car in order to fix him with liability and that the purpose of the journey may indicate the presence or otherwise of such delegation.”

Per COKER, JSC in DUCLAUD V. GINOUX (1969) LCER-487(SC) (Pp 6 – 7, Paras D – C)
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