''Joel v Morison'' [1834
EWHC KB J39is a case in English tort law concerning the scope of vicarious liability of an employer for the acts of his employee.
Facts
Joel was struck down by a horse and cart driven by Morison's agency (law), agent. Joel was crossing a street in the
City of London
The City of London is a city, ceremonial county and local government district that contains the historic centre and constitutes, alongside Canary Wharf, the primary central business district (CBD) of London. It constituted most of London f ...
, but the driver's job was simply to travel between Burton Crescent Mews and
Finchley. The driver had detoured to visit a friend when the accident occurred. Morison argued that he was not liable for Joel's injuries because the agent had strayed off his path.
Judgment
Parke, B held:
The doctrine of
respondeat superior
''Respondeat superior'' (Latin: "let the master answer"; plural: ''respondeant superiores'') is a doctrine that a party is responsible for (has vicarious liability for) acts of their agents.''Criminal Law - Cases and Materials'', 7th ed. 2012, W ...
meant the principal is liable for his agent's negligence only when the agent is acting at the time of the accident in the "course of his employment". Although the agent was doing Morison's business, he went, albeit momentarily, out of his way against his master's implied command. Morison was found liable.
See also
*
Tort law
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishabl ...
*
Labour law
*''
A Frolic of His Own
''A Frolic of His Own'' is a book by William Gaddis, published by Poseidon Press in 1994. It was his fourth novel, and it won his second U.S. National Book Award for Fiction.[William Gaddis
William Thomas Gaddis, Jr. (December 29, 1922 – December 16, 1998) was an American novelist.
The first and longest of his five novels, '' The Recognitions'', was named one of TIME magazine's 100 best novels from 1923 to 2005
and two oth ...]
Notes
External links
*''Joel v. Morison'' [1834
EWHC KB J39on Bailii
{{law
1834 in case law
1834 in British law
English tort case law
English vicarious liability case law
United Kingdom labour case law
Exchequer of Pleas cases