ExpertMedium2 marksMultiple Choice
ACCA · Question 06 · The law of obligations
Section A
An employee of a delivery company, whilst on his delivery route, deviates 5 miles to visit a friend. While parked outside the friend's house, he negligently reverses the delivery van into a pedestrian.
Will the delivery company be vicariously liable for the pedestrian's injuries?
Section A
An employee of a delivery company, whilst on his delivery route, deviates 5 miles to visit a friend. While parked outside the friend's house, he negligently reverses the delivery van into a pedestrian.
Will the delivery company be vicariously liable for the pedestrian's injuries?
Answer options:
A.
Yes, because the employee was driving a company vehicle at the time of the accident.
B.
Yes, because the accident occurred during his normal working hours.
C.
No, because the employee was on a 'frolic of his own' and acting outside the course of employment.
D.
No, because vicarious liability only applies to intentional torts, not negligence.
How to approach this question
Analyze whether the employee's actions were within the 'course of employment'. Consider the concept of a 'frolic of his own'.
Full Answer
C.No, because the employee was on a 'frolic of his own' and acting outside the course of employment.✓ Correct
An employer is only vicariously liable for torts committed by an employee in the course of employment. If an employee makes a significant departure from their duties for personal reasons, they are on a 'frolic of their own', and the employer is not liable.
Common mistakes
Assuming that because it happened during work hours or in a company van, the employer is automatically liable.
Practice the full ACCA LW — Corporate and Business Law Practice Exam 6
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