is an important

English tort law English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requi ...

contract law A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...

and

labour law Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, ...

, which concerns vicarious liability and an ostensible duty of an employee to compensate the employer for torts he commits in the course of employment.

Facts

Martin Lister and his father Martin Lister were working for the Cold Storage company, driving a waste disposal lorry. They went to a slaughterhouse on Old Church Road,

Romford Romford is a large town in east London and the administrative centre of the London Borough of Havering. It is located northeast of Charing Cross and is one of the major metropolitan centres identified in the London Plan. Historically, Romford ...

. When they were entering through the gates to the yard, the father got out ahead and the son, driving, backed over him. McNair J awarded the father two thirds of the compensation to reflect the father’s contributory

negligence Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a ...

. The insurers, who paid £1600 and costs, sued the son in the name of the company (which was not consulted) by right of subrogation to indemnify them for this sum.

Judgment

Court of Appeal

The majority of the Court of Appeal ( 9562 QB 180), Birkett LJ and Romer LJ, held that the insurance company could seek contribution from the son, because the son had a contractual duty of care and skill and it was not permissible to imply a term that no indemnity could be sought.

Denning LJ Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was call to the bar, called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a j ...

dissented. After describing the facts he went on as follows.

House of Lords

The House of Lords held by a bare majority (

Lord Radcliffe Cyril John Radcliffe, 1st Viscount Radcliffe, (30 March 1899 – 1 April 1977) was a British lawyer and Law Lord best known for his role in the Partition of India. He served as the first chancellor of the University of Warwick from its foundatio ...

and Lord Somervell of Harrow dissenting) that contracts of employment contain an implied term that an employee owes a duty to take reasonable care of the employer's property and in the performance of his tasks. So the lorry, which was entrusted to him, was used carelessly when Martin ran over his father. This meant the son was responsible, and because no term could be implied that an employee may be indemnified by the employer or his insurance, the son would have to pay the insurance company back. Lord Morton said the following on implied terms. 957AC 555, 583 Lord Tucker, in the course of his judgment, set out the incidents of a "master-servant" relationship.

Notes

{{reflist, 2

References

*Gerald Gardiner,
Lister v. The Romford Ice and Cold Storage Company, Ltd.
(1959) 22(6)

Modern Law Review The ''Modern Law Review'' is a peer-reviewed academic journal published by John Wiley & Sons on behalf of Modern Law Review Ltd. and which has traditionally maintained close academic ties with the Law Department of the London School of Economics. ...

652-656

External links

Hansard ''Hansard'' is the traditional name of the transcripts of parliamentary debates in Britain and many Commonwealth countries. It is named after Thomas Curson Hansard (1776–1833), a London printer and publisher, who was the first official print ...

br>28 January 1957
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18 April 1957
showing the government considering repeal after the decision United Kingdom labour case law English tort case law House of Lords cases 1956 in British law 1956 in case law