LAWS 204 - topics outside the scope of VL

Front

When can the owner of a car be vicariously liable for the negligent actions of their agent to whom they have lent their car to? Why?

Back

In the case of Morgans, the court held that if the agent of the owner is intending to carry out his duties while he is in the process of negligently driving the car, then the court may hold that the owner of the car is vicariously liable.

<-However, if the agent negligently drives the car while in the pursuit of his own interests, then the owner may not be held vicariously liable.

Front

Can a claimant bring forth an exemplary damages claim for vicarious liability in the jurisdiction of NZ? Why/Why not?

Back

-In the case of S v A-G, the court held that because the tort of vicarious liability is concerned with punishing the principal of the tortfeasor, not the tortfeasor themselves, it may not be just to hold the defendant vicariously liable for exemplary damages.

<-However, if an unidentified government employee commits a negligent act, then the state may be held vicariously liable to pay the plaintiff exemplary damages, as was evident in the case of Monroe.

<-This is because...

Front

When can an employer be held VL for the negligent actions of their IC?

Back

When the employer delegates a non-delegable duty onto the IC.

Front

What is the first type of non-delegable duty? Why?

Back

Any duty involving explosives, especially hazardous substances etc., is a non delegable duty, as was held in the cases of Honeywill, and A-G.

-Moreover, in the case of CashFeild the court added to this principle of law by holding that if a reasonable man were to view the delegated duty as innately perilous, then the defendant may be held vicariously liable.