Owen Thomas and Company v Hansraj and Another
Owen Thomas and Company v Hansraj and Another (Civil Appeal No. 7 of 1939) [1938] EACA 169 (1 January 1938)
The court held that liability for the negligent act of the driver rests with the party who retains control over the manner in which the work is performed. In this case, although the lorry and driver were hired out to the second respondent, the driver remained the employee of the appellants, who selected, paid, and could dismiss him. The hirers could direct where the lorry should go and what loads to carry, but did not control the manner of driving. There was no evidence that the hirers interfered with or assumed control over the driver's method of driving at the time of the accident. Therefor…
Source excerpt
- Vicarious Liability
- Master Servant Relationship
- Negligence
- Liability Of Hirer
- Personal Injury
- Motor Vehicle Accidents