Vicarious liability

Lanbuk on the Law of Torts

Principle established: An independent contractor decides for himself how the work is done.

Lanbuk on the Law of Torts · 1900

Principle established: Acts outside the class of acts the servant is employed to do are not in the course of employment.

Lanbuk on the Law of Torts · 1942

Principle established: A negligent way of doing what one is employed to do is within the course of employment.

Lanbuk on the Law of Torts · 1947

Principle established: Control test: under a contract of service the master directs both what is done and how it is done.

Sierra Leone — African Law Reports · 1950-56

Principle established: An employer is vicariously liable for the tortious acts of an employee done in the course of employment, including unauthorized modes of carrying out authorized tasks.

Lanbuk on the Law of Torts · 1853

Principle established: An employer who authorises a tort is liable along with the contractor.

Sierra Leone — Supreme Court · 1963

Principle established: Ownership of a motor car causing damage is prima facie evidence that it was being driven by the owner, his servant, or his agent at the material time.

Sierra Leone — Supreme Court · 1963

Principle established: In a negligence action, proof of vehicle ownership provides prima facie evidence that the vehicle was driven by the owner or the owner's servant or agent.

Sierra Leone — Court of Appeal · 1962

Principle established: A hirer of a vehicle who assumes control over the driver becomes the employer for liability purposes, and ferryman authorization to board does not negate negligence in overloading.

Sierra Leone — Court of Appeal · 1962

Principle established: A vehicle driver hired out with a lorry becomes the servant of the hirer when under its control, and permission from a ferryman does not negate liability for negligent overloading.

Lanbuk on the Law of Torts

Principle established: Statutory duties of this kind are non-delegable.

Lanbuk on the Law of Torts · 1834

Principle established: A master is not liable for a servant on a frolic of his own (Parke B).

Lanbuk on the Law of Torts · 1974

Principle established: No implied authority to keep order covered the conductor's attack.

Lanbuk on the Law of Torts · 1862

Principle established: A prohibition on the method of doing the job does not limit the scope of employment.

Lanbuk on the Law of Torts · 1912

Principle established: An employer can be vicariously liable for an employee's fraud within his apparent authority.

Lanbuk on the Law of Torts · 1949

Principle established: Unauthorised acts are within the course of employment if they are improper modes of doing authorised acts.

South Africa · 2022

Principle established: The State's statutory liability for school-related acts or omissions under the Schools Act depends on whether the public school itself would have been liable but for the statutory immunity provided.

Lanbuk on the Law of Torts · 1973

Principle established: Vicarious liability means one person takes the place of another so far as liability is concerned (Lord Denning in the Court of Appeal).

Lanbuk on the Law of Torts · 1966

Principle established: An employer entrusted with goods is liable for theft by the employee put in charge of them.

Kenya · 2025

Principle established: In claims arising from road traffic accidents, the owner of a vehicle may be held liable for damages caused by the negligence of their driver or agent.

Lanbuk on the Law of Torts · 1861

Principle established: Generally no one is liable for an independent contractor (Williams J), subject to exceptions.

Lanbuk on the Law of Torts · 1840

Principle established: An employer is generally not liable for an independent contractor.

Lanbuk on the Law of Torts · 1968

Principle established: A contract of service exists where (1) work is done for pay, (2) under sufficient control, and (3) the other terms are consistent with employment.

Lanbuk on the Law of Torts · 1889

Principle established: Acts reasonably incidental to work, shortly after hours, can be within the course of employment.

Lanbuk on the Law of Torts · 1868

Principle established: A person who for his own purposes brings onto his land and keeps there anything likely to do mischief if it escapes must keep it in at his peril, and is liable for the natural consequences of its escape (non-natural use of land).

Lanbuk on the Law of Torts · 1869

Principle established: A substantial deviation for the servant's own purposes takes him outside the course of employment.

Sierra Leone — Supreme Court · 1962

Principle established: A plaintiff injured by the negligent driving of another's servant is entitled to both special damages for loss of earnings and medical expenses, and general damages for permanent physical disability.

Sierra Leone — Supreme Court · 1962

Principle established: A plaintiff injured by the negligent driving of an employer's servant is entitled to general damages for pain, suffering, and permanent disability, in addition to proven special damages.

Lanbuk on the Law of Torts · 1948

Principle established: A deliberate assault for personal reasons is usually outside the course of employment.

Lanbuk on the Law of Torts · 1868

Principle established: Doing an authorised job in an unauthorised way stays within the course of employment.