| Trotman v North Yorkshire County Council [1999] LGR 584 |
Narrow Salmond test: intentional sexual assault outside scope of employment |
Expressly overruled as wrongly decided |
| Bazley v Curry (1999) 174 DLR (4th) 45 |
“Close connection” test for vicarious liability |
Adopted as persuasive support for imposing liability |
| Jacobi v Griffiths (1999) 174 DLR (4th) 71 |
Application of “close connection” test |
Cited to illustrate circumstances where liability may fail despite proximity |
| Canadian Pacific Railway Co v Lockhart [1942] AC 591 |
Emphasis on connection between authorised and unauthorised acts |
Used to show historical roots of “close connection” analysis |
| Racz v Home Office [1994] 2 AC 45 |
Vicarious liability can extend to intentional torts in bad faith |
Cited as domestic authority accepting liability for intentional wrongdoing |
| Lloyd v Grace, Smith & Co [1912] AC 716 |
Employer liable for employee’s fraud benefiting the employee |
Illustrated abandonment of “benefit to employer” requirement |
| Williams v A & W Hemphill Ltd 1966 SC(HL) 31 |
Deviation cases: focus on dominant purpose and connection |
Analogous reasoning applied to Warden’s duties |
| Morris v C W Martin & Sons Ltd [1966] 1 QB 716 |
Liability where employee converts property entrusted to him |
Paralleled with entrusting children to Warden’s care |
| Port Swettenham Authority v T W Wu & Co [1979] AC 580 |
Affirmed Morris on vicarious liability beyond bailment |
Cited to reject view that Morris is limited to bailment |
| Photo Production Ltd v Securicor Transport Ltd [1980] AC 827 |
Employer vicariously liable for employee’s arson absent exemption |
Used to show liability for deliberate criminal damage |
| Rose v Plenty [1976] 1 WLR 141 |
Broad view of “course of employment” despite express prohibitions |
Supported broad, practical interpretation of duties |
| Sanderson v Collins [1904] 1 KB 628 |
Limits of scope where servant departs from employment |
Part of historical survey distinguishing “frolic” cases |
| Heiton & Co v M'Sweeney [1905] 2 IR 47 |
Adoption of Sanderson principles in Irish law |
Cited in comparative discussion |
| Kirby v National Coal Board 1958 SC 514 |
Four-fold categorisation of employer liability |
Used to emphasise need for sufficient connection |
| Kilboy v South Eastern Fire Area Joint Committee 1952 SC 280 |
Historical comment on policy basis of vicarious liability |
Quoted for background policy analysis |
| Staveley Iron & Chemical Co Ltd v Jones [1956] AC 627 |
Critique of maxim “respondeat superior” |
Cited in policy review |
| Imperial Chemical Industries Ltd v Shatwell [1965] AC 656 |
Liability grows from “rough justice” not strict theory |
Supported flexible, policy-driven approach |
| Plumb v Cobden Flour Mills Co Ltd [1914] AC 62 |
Distinction between prohibitions limiting sphere vs conduct |
Relied on in analysing express prohibitions |
| Jones v Tower Boot Co Ltd [1997] ICR 254 |
Statutory “course of employment” given broad construction |
Mentioned but distinguished as statutory context |
| Ward v Scotrail Railways Ltd 1999 SC 255 |
Sexual harassment not within scope on particular facts |
Contrasted with present factual matrix |
| Central Motors (Glasgow) Ltd v Cessnock Garage and Motor Co 1925 SC 796 |
Employer liable where duty of safekeeping delegated |
Analogy for entrusting boys to Warden |
| Joel v Morison (1834) 6 C & P 501 |
“Frolic of his own” limits vicarious liability |
Used in discussing detour/“frolic” concepts |
| Heasmans v Clarity Cleaning Co Ltd [1987] ICR 949 |
Opportunity alone insufficient to fix liability |
Cited to show mere premises access is inadequate |
| Aldred v Nacanco [1987] IRLR 292 |
Independent prank not within employment |
Provided contrast example |
| Deatons Pty Ltd v Flew (1949) 79 CLR 370 |
“Act of personal vengeance” outside scope |
Distinguished on basis of different duties |
| Irving v Post Office [1987] IRLR 289 |
Personal spite may negate employer liability |
Cited to illustrate boundaries |
| Hooper v London & North Western Railway Co (1881) 50 LJQB 103 |
Carrier’s duty to goods even without direct contract |
Part of analogy underpinning duty analysis |
| Barwick v English Joint Stock Bank (1867) LR 2 Exch 259 |
Early statement on fraud and employer benefit |
Explained historical misinterpretation |
| Cheshire v Bailey [1905] 1 KB 237 |
Outdated view limiting liability for theft |
Identified as overruled position |
| Dyer v Munday [1895] 1 QB 742 |
Liability for employee’s assault during repossession |
Example of liability where force linked to duty |
| Warren v Henlys Ltd [1948] 2 All ER 935 |
Assault after quarrel not within employment |
Contrasted with present case |
| Meux v Great Eastern Railway Co [1895] 2 QB 387 |
Duties owed by carrier even without privity |
Illustrated special-relationship duties |
| Gilchrist Watt & Sanderson Pty Ltd v York Products Pty Ltd [1970] 1 WLR 1262 |
Liability of gratuitous bailee for employee’s acts |
Bolstered analogy between goods and persons in care |
| Foulkes v Metropolitan District Railway Co (1880) 5 CPD 157 |
Carrier’s duty of care to passengers |
Referenced in discussion of special duties |