TORT – Negligence – When will an employer be liable for the negligence of an employee

“In the case in hand there is no dispute that the wife had the general authority and consent of her husband to drive his car. That by itself is equivocal and the evidence in the case does not support any finding that the two women were on any mission in the purposes of which the defendant had any interests. In the same way, in Higbid v. R. C. Hammet Ltd. (1932) 49 T.L.R. 104, it was held that the defendants were not liable for the negligence of one of their rounds men who had knocked down the plaintiff while he was riding his employer’s bicycle with his employer’s permission in going home to his dinner. In that case Scrutton, L.J. in giving judgment (Court of Appeal) observed as follows:- “When an employee, for his own purposes, used his employers’ bicycle, by the employers’ permission, the employers were not liable for the employee’s negligence.”

Per COKER, JSC in DUCLAUD V. GINOUX (1969) LCER-487(SC) (Pp 8 – 9, Paras D – B)
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