Joel v Morison

Joel v Morison [1834] EWHC KB J39 is a case in English tort law concerning the scope of vicarious liability of an employer for the acts of his employee.

Joel v Morison
CourtExchequer of Pleas
Decided3 July 1834
Citation(s)[1834] EWHC KB J39 172 ER 1338, (1834) 6 C & P 501

Facts

Joel was struck down by a horse and cart, whose driver was Morison's agent. Joel was crossing a street in the City of London, but the driver's job was simply to travel between Burton Crescent Mews and Finchley. The driver had detoured to visit a friend when the accident occurred. Morison argued that he was not liable for Joel's injuries because the agent had strayed off his path.

Judgment

Parke, B held:

"If the servants, being on their master's business, took a detour to call upon a friend, the master will be responsible . . . but if he was going on a frolic of his own, . . . the master will not be liable."[1]

The doctrine of respondeat superior meant the principal is liable for his agent's negligence only when the agent is acting at the time of the accident in the "course of his employment". Although the agent was doing Morison's business, he went, albeit momentarily, out of his way against his master's implied command. Morison was found liable.

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See also

Notes
  1. at (1834) C & P 503; (1834) 172 ER 1138-9


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