- 20 Marks
BCL – L1 – Q32 – Employer Liability
Advise on employer liability for negligence causing damage to a neighbor’s property.
Question
Kwame Yeboah is the Head Labourer at Vision Seed Academy School who resides on the campus. Among his duties is the washing of the school buses. In view of frequent water shortages in the neighbourhood of the school, Kwame decided to keep the tap to the main water reservoir open at midnight and fit a water hose to it in order to store enough water for washing. This practice is well known to Management of the school.
One night Kwame could not wake up to turn off the tap as he usually does, which overflowed the reservoir and flowed to the adjoining house where the owner kept fowls. A few fowls died from the sudden overflow of water through the house. The neighbour is upset and is threatening court action against the school. Management of the school thinks Kwame has been negligent and must therefore be made to pay for the dead fowls. Kwame has come to you for advice as the mishap occurred in the line of duty.
You are required to advise in the context of the Labour Act, 2003 (Act 651) and decided cases.
Find Related Questions by Tags, levels, etc.
- Tags: Duty of care, Employment Law, Negligence, Rylands v Fletcher, Vicarious Liability
- Level: Level 1
- Topic: Employment Law
