Parallelewelten logo
Parallelewelten The law essay professionals
0115 966 7966 Times 10:00 - 22:00 (BST)

Gregory v Piper [1829] 9 B & C 591

Trespass –  Vicarious Liability

Facts

Gregory (G) owned a pub called the Rising Sun with a stable-yard in the back which could be accessed by a back gate through Old King’s Yard. Piper (P) owned the property surrounding Old King’s Yard and disputed G’s right to pass through the yard to his stable. P employed a labourer (S) to lay down a quantity of rubbish, consisting of bricks, mortar, stones, and dirt, near G’s stable-yard, in order to obstruct the way. Part of this rubbish rolled against G’s wall and gates, and G refused to remove it. G raised an action of trespass against G.

Issue

The issue in question was whether a master could be liable for the trespass which occurred as a result of instructions the master gave to another in his employment. P claimed he could not be held liable because he had instructed S not to let the rubbish touch the wall, and the fact that the rubbish resulted in a trespass of G’s property was due to negligence on S’s part.

Held

A master is liable in trespass for any act done by his servant in the course of executing his orders with ordinary care. P was therefore liable for trespass as it was a probable and foreseeable result of the S‟s act which P had instructed S to do. The trespass was a necessary or natural consequence of the act ordered to be done by P, therefore making P as the employer liable.


To export a reference to this article please select a referencing style below:

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.
Invest In Your Future Today!
Place an Order
read here babyforyou.org

обращайтесь eurobud.com.ua

узнать больше eurobud.com.ua