Vicarious Liability (Close Connection)

A wrongful act is in the course of employment if: (Soloman)

authorised by employer or is wrongful and unauthorised in a duty that is authorised

Century Insurance Co v Northern Ireland Road Transport Board [1942]

Principle: minor deviations may still be within scope of employment

Rose v Plenty [1976]

even prohibited acts may be within scope if they are in aid of employer’s business.

Pettersson v Royal Oak Hotel [1948] NZLR

wrongful act done in improper mode of performing duties may still be in scope.

Attorney-General v Hartley [1964] NZLR

independent acts too remote may be outside employment not covered.

Auckland Workingmen’s Club (etc.) v Rennie [1976]

personal vendetta is not in scope of employment therefore not VL

Bazley v Curry (Canada, 1999) test

Close connection between wrongful act & employment AND increased risk

Lister v Hesley Hall Ltd [2001] UKHL

inextricably interwoven with employment can trigger VL.

Mohamud v Morrison Supermarkets [2016] UKSC

unbroken sequence between duties & intentional acts may be in scope.

Various Claimants v WM Morrison Supermarkets [2020] UKSC

purely personal acts outside business are not in scope.