Our phone lines are closed Monday 27th May. You can still place your order online as usual.

Conway v George Wimpey & Co Ltd

325 words (1 pages) Case Summary in Cases

07/03/18 Cases Reference this

Disclaimer: This work was produced by one of our professional writers as a learning aid to help you with your studies.

Any opinions, findings, conclusions or recommendations expressed in this material are those of the author and do not necessarily reflect the views of Parallelewelten.net.

If you would like to view samples of the work produced by our academic writers please click here.

Conway v George Wimpey & Co Ltd [1951] 2 KB 266

Employment – Negligence – Trespass

Facts

Conway (C) was on his way to work on an aerodrome when he hailed a lorry belonging to the George Wimpey & Co Ltd (W) and driven by one of their employees (D). The lorry was crossing the aerodrome taking a number of the defendants' servants to their work. D had been expressly told by W’s transport manager that he could only transport W’s men, and a notice to this effect had been affixed in his cab. Nevertheless, D gave C a lift for a short distance. When C dismounted the lorry, he caught his right leg under a wheel of the lorry and had to have it amputated after it was badly crushed. C raised an action against W for damages.

Issue

The issue in question was whether W as D’s employers could be held liable for the injury caused to C as a result of the lorry ride D provided for C against W’s instructions.

Held

Both D, as the lorry driver, and C were equally responsible for the accident. C was effectively a trespasser when he mounted the lorry, and it was immaterial whether he knew he was one or not. D performed a wrongful act in allowing C, who was not an employee of W, to ride the lorry, and as this performance was not one which he was employed to perform at all, the act was outside the scope of his employment. W could therefore not be held liable for C’s injury as a result of C’s trespass. Trespass will arise where a person crosses the property of another on reliance of the permission of a person who has no authority to give that permission.

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

DMCA / Removal Request

If you are the original writer of this essay and no longer wish to have the essay published on the UK Essays website then please.

Current Offers