Joel V Morison
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''Joel v Morison'' [1834
EWHC KB J39
is a case in English tort law concerning the scope of vicarious liability of an employer for the acts of his employee.


Facts

Joel was struck down by a horse and cart driven by Morison's agency (law), agent. Joel was crossing a street in the
City of London The City of London, also known as ''the City'', is a Ceremonial counties of England, ceremonial county and Districts of England, local government district with City status in the United Kingdom, city status in England. It is the Old town, his ...
, but the driver's job was simply to travel between Burton Crescent Mews and
Finchley Finchley () is a large district of north London, England, in the London Borough of Barnet. north of Charing Cross, nearby districts include: Golders Green, Muswell Hill, Friern Barnet, Whetstone, London, Whetstone, Mill Hill and Hendon. It is ...
. The driver 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: The doctrine of
respondeat superior ''Respondeat superior'' (Latin: "let the master answer"; plural: ''respondeant superiores'') is a doctrine that a party is responsible for (and has vicarious liability for) acts of his agents.''Criminal Law - Cases and Materials'', 7th ed. 2012, ...
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 found liable.


See also

*
Tort law A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with crime ...
*
Labour law Labour laws (also spelled as labor laws), labour code 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 be ...
*'' A Frolic of His Own'', a novel by William Gaddis


Notes


External links

*''Joel v. Morison'' [1834
EWHC KB J39
on Bailii {{law 1834 in case law 1834 in British law English tort case law English vicarious liability case law United Kingdom labour case law Exchequer of Pleas cases