- 20 Marks
BCL – L1 – Q33 – Tort
Question
James bought a ticket to watch his local amateur football team, Unity FC. On the ticket it stated, ‘No one may use any recording equipment in the stadium’. While James was at the match he started using his video camera to record parts of the game and was immediately asked by a club steward to leave the stadium.
Meanwhile, Kofi, a Unity FC defender accidentally kicked the ball over a wall and it landed on Sarah’s head in the garden of a house which backed on to the stadium. Sarah is a tenant of that house and she had a head injury as a result of the ball hit.
In the second half of the match, whilst Daniel was piloting an air balloon near the stadium, the weather turned windy and a hot air blew over the pitch affecting spectator Ama’s eyes and causing her to completely lose her sight. Strikers FC lost the game 4-0. A crowd of 50 supporters gathered on the public road outside the club offices chanting for the manager to resign.
(a) Advice (i) James, (ii) Kofi, (iii) Daniel, (iv) Strikers FC, and (v) the supporters of Strikers FC on their liability in trespass, if any.
(b) ‘The law on vicarious liability is not based on any clear principles or policy and is therefore difficult to apply in any particular case’.
Discuss in relation to the liability of an employer for the acts of an employee.
Answer
(a). The areas of law are trespass to persons, trespass to property, and vicarious liability.
Trespass to property is the obligation of the occupier for damage, which occurs on his premises, depends on the character of the entrance. There may be lawful visitors such as contractual visitors, invitees, and licensees on one hand and unlawful visitors or trespassers on another hand.
The licensee is an entrance with permission to enter a premise and he takes the premise as he finds it. An invitee comes to the premise for a purpose in which the occupier has material interest and the occupier must take reasonable care to prevent injury from unusual danger, which he ought to have known. An unlawful visitor is one who enters the land and has neither the right nor permission to be there.
To prove a trespass to person, the following elements must occur:
- There must be a direct act that is an immediate act that occasions the injury.
- The act must be voluntary. This means the defendant acted willingly and could have controlled the situation.
- The state of mind of the person who acted must be considered. This tells whether the person involved acted intentionally or negligently.
- There must be physical contact. This contact can be person to person or through an instrument.
- There must be lack of consent. That is, the defendant must prove that he or she did not consent to the contact.
- There must be a positive act, not omission to act. The liability depends on the act, not a failure to act.
Vicarious liability is a legal concept that assigns liability to an individual who did not actually cause the harm, but who has a specific superior legal relationship to the person who did cause the harm. Vicarious liability most commonly comes into play when an employee has acted in a negligent manner for which the employer will be held responsible.
James, a licensee, has no right since he knew very well the implication of using recording equipment in the stadium. Knowing that, he went ahead and recorded the football match and was asked to leave the stadium.
Kofi kicked the ball accidentally. His direct and positive act caused Sarah’s injury and the club will be held liable.
Sarah has a claim on the club for her injury.
Daniel’s act caused Ama’s blindness because even though it was windy, it was the hot air that resulted in injury to the eye.
The organizers of the match were not aware of this unusual danger and will not be severally liable with Daniel.
Ama can sue Daniel for damages, both specific (hospital expense) and general (compensation).
Unity FC is vicariously liable for Sarah’s injury because their worker (player) caused the injury while working (playing football).
The supporters of Strikers FC are not liable since their action did not cause any injury or effect to any third party.
(b). Vicarious liability is a legal concept that assigns liability to an individual who did not actually cause the harm, but who has a specific superior legal relationship to the person who did cause the harm. Vicarious liability most commonly comes into play when an employee has acted in a negligent manner and caused damage to property or person for which the employer will be held responsible for the payments in respect of the damage.
- Tags: Employer Liability, Negligence, Tort, Vicarious Liability
- Level: Level 1
- Topic: Tort
- Uploader: Samuel Duah