- 6 Marks
Question
Dodo was employed as a fuel-pump attendant in a petrol station. During a period of heavy patronage, the petrol station premises were blocked by vehicles, and Dodo decided to re-park a customer’s car that was obstructing traffic. In the process, Dodo rammed into another customer’s car, causing severe damage to both cars.
The owners of both cars intend to sue the petrol station owner for repair of their damaged cars and have asked for your advice.
Required:
Advise them, stating the legal issues involved.
Answer
The legal issue involved is the principle of vicarious liability under the law of torts, which states that a master (employer) is liable for the torts committed by their servant (employee) within the scope of employment.
However, one of the exceptions to this rule is that when a servant (employee) performs an act completely outside the scope of their duty, the master (employer) is not liable for any resulting torts.
In this case, Dodo, who was employed as a fuel-pump attendant, acted outside his scope of duty by driving a customer’s car. Therefore, Dodo is personally liable for the damage to the cars, and the owners are advised to sue Dodo for the repair of their vehicles, not the petrol station owner.
- Tags: Negligence, Tort Law, Vicarious Liability
- Level: Level 1
- Topic: Law of Tort
- Series: NOV 2022
- Uploader: Theophilus