Rose v Plenty
Jurisdiction | England & Wales |
Judge | THE MASTER OF THE ROLLS,LORD JUSTICE LAWTON,LORD JUSTICE SCARMAN |
Judgment Date | 07 July 1975 |
Judgment citation (vLex) | [1975] EWCA Civ J0707-2 |
Date | 07 July 1975 |
Court | Court of Appeal (Civil Division) |
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69 cases
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Lister and Others v Hesley Hall Ltd
...of the Salmond formulation is, however, crucially dependent on focussing on the right act of the employee. This point was explored in Rose v Plenty [1976] 1 WLR 141. The Court of Appeal held that a milkman who deliberately disobeyed his employers' order not to allow children to help on his......
- Government of Malaysia; Samin bin Hassan
- Muniandy; State Government of Perak
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Peter Auguste Claimant v Cibc Caribbean Ltd Defendant [ECSC]
...a lorry "he is himself under a duty to see that care is exercised in the driving of the lorry on his business.5 In Rose v Plenty [1976] 1 W.L.R. 1416, Scarman L.J. stated that basically, as he understood it, "the employer is made vicariously liable for the tort of his employee not because t......
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3 books & journal articles
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Rough Justice in an Unjust World
...had to show that thesexual abuse had occurred in ‘the course of Grain’s employment’. This phrase does6 See, for example, Rose vPlenty [1976] 1 WLR 141, which distinguished the previous Court ofAppeal decision of Twine vBean’s Express Ltd (1946) 62 TLR 458; 175 LT 131. Comment J. Finch‘Expre......
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STATUTE AND THEORIES OF VICARIOUS LIABILITY.
...Appeal decision of Waugh v Waugh (1950) 50 SR (NSW) 210. (89) Lord Denning MR later retracted his support for the MTT in Rose v Plenty [1976] 1 WLR 141, 144, quoting Young v Edward Box & Co Ltd [1951] 1 TLR 789, 793 (Denning (90) Broom (n 86) 609-10 (Denning LJ). However, Hodson LJ deni......
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New South Wales v Lepore; Samin v Queensland; Rich v Queensland: schools' responsibility for teachers' sexual assault: non-delegable duty and vicarious liability.
...Insurance Co of Australia Ltd (1931) 46 CLR 41; Limpus v London General Omnibus Co (1862) 1 Hurl & C 526; 158 ER 993; Rose v Plenty [1976] 1 All ER 97 (Court of Appeal). (41) The courts have contrasted 'mere detours' with 'frolics': see, eg, Chaplin v Dunstan Ltd [1938] SASR 245; Harvey......