Joel v. Morison

"Joel v. Morison" (1834) 6 C&P 501; (1834) 172 E.R. 1338; [1834] [http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/KB/1834/J39.html&query=Joel+and+v.+and+Morison&method=boolean EWHC KB J39] is a case in English tort law concerning the vicarious liability of an employer for the acts of his employee.

Facts

Joel was struck down by a horse and cart, whose driver was Morison's agent. Joel was crossing a street in the City, but Morison's job was simply to travel between Burton Crescent Mews and Finchley. Morison 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 that,

"If the servants, being on their master's business, took a detour to call upon a friend, the master will be responsible . . . but if he was going on a frolic of his own, . . . the master will not be liable." [at (1834) C&P 503 (1834) 172 E.R. 1138-9]

The doctrine of respondeat superior 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 not liabile.

ee also

*Tort law
*Labour law

Notes

External links

*"Joel v. Morison" [1834] [http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/KB/1834/J39.html&query=Joel+and+v.+and+Morison&method=boolean EWHC KB J39] on Bailii