business law sajib.docx - Vicarious liability Century Insurance Co Ltd v Northern Ireland Road Transport Board[1942 AC 509 The driver of a petrol tanker

business law sajib.docx - Vicarious liability Century...

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Vicarious liability Century Insurance Co Ltd v Northern Ireland Road Transport Board [1942] AC 509 The driver of a petrol tanker lit a cigarette while delivering petrol to an underground tank. The lit cigarette caused a fire. The court had to decide if the employer of the driver was liable for the damage. The employer argued that the driver was not permitted to smoke while delivering petrol. The court decided that the employer was nevertheless liable because, at the time, the driver was carrying out an authorised task. Kelsen v Imperial Tobacco Co [1957] 2 QB 334 An advertising sign erected by Imperial Tobacco Co on their property projected into the airspace above a shop on Kelsen’s neighbouring property. The court decided that the sign amounted to a trespass to land . Bisset v Wilkinson [1927] AC 177 : tort of deceit Wilkinson agreed to sell two adjoining blocks of rural land to Bisset. During negotiations Wilkinson stated that he believed the land could hold 2000 sheep, if cultivated and used correctly. After purchasing the land Bisset discovered the land could not hold 2000 sheep. Bisset sued Wilkinson in the tort of deceit. The court decided that Wilkinson was not liable. He had made a statement of opinion and not a statement of fact. It was an opinion honestly and reasonably held; as Bisset was aware, the land had never been used for sheep farming in the past. Pacific Dunlop Ltd v Hogan (1989) 23 FCR 553:tort of passing off Pacific Dunlop Ltd (PD) produced a television advertisement for Dunlop shoes based on a scene from the movie Crocodile Dundee . An actor dressed like the main character from that film is shown being confronted by a mugger in an alley while walking with his girlfriend. The girlfriend warns the actor that the mugger is wearing leather shoes, to which the actor responds ‘You call those leather shoes? Now these are leather shoes’, and points to his Dunlop shoes. Hogan, the actor and owner of the Crocodile Dundee character, brought a civil action against PD. The court decided that PD had committed the tort of passing off: the advertisement amounted to an assertion that Hogan and PD had entered into a commercial arrangement for the use of the Crocodile Dundee character. In the absence of a misrepresentation the tort of passing off is not committed. Lumley v Wagner (1852) 1 De G M & G 604; 42 ER 687: Wagner, a well-known opera star, entered into a contract with Lumley to perform at Lumley’s theatre, and agreed not to perform elsewhere during the contracted period. Gye then convinced Wagner to enter into a contract to perform at another venue over the same period as the contract with Lumley. The court decided that Gye’s actions in inducing Wagner to break her contract with Lumley amounted to the tort of interference with contractual relations.
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