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- 6 Marks
Question
c) Bizee Company Limited is a wholesaler storing large quantities of goods in the port city of Takoradi. Kofi Gee, an employee of the company, is a well-trained and skilled driver in a specialty truck. As part of the company’s routine retraining, the need for Kofi Gee to take time, drive the truck carefully and safely, taking into consideration always people on the premises, was over-emphasized. One day, in a hurry to complete the day’s scheduled duty, Kofi Gee drove back the truck so quickly through the partition of the client part of the wholesale department. Two clients on the sales section of the company at the time were injured.
The Board of Directors of the company foresaw the potential consequence to compensate the injured. At their meeting, therefore, you were consulted for your idea on the compensation.
Required:
Explain to the Board the possible liability of the company and Kofi Gee to the two injured clients.
(6 marks)
Answer
The question involves vicarious liability of Bizee Company Limited for the tort of its employee.
Every individual is liable for his own tort. However, employers are vicariously responsible/liable for the tort of their employees while the employees are acting in the course of employment. The employer ceases to be liable only where the employee is on the frolic of his own. Kofi Gee was employed to drive the specialty truck and was doing that when the accident occurred. Therefore, the company becomes vicariously liable for the tort of Kofi Gee in the tort of negligence, despite the instructions and despite providing him with the needed training. (4 marks)
The law imposes a duty on everyone and to everyone to take care, in particular professionals. Kofi Gee breached that duty by failing to apply the skill and expertise in driving the specialty truck. Kofi Gee will also be liable in the tort of negligence. (2 marks)
- Tags: Negligence, Tort Law, Vicarious Liability
- Level: Level 1
- Uploader: Dotse