B Limited expressly instructed their driver
no-one was allowed to travel in van.
Unauthorised passenger fatally injured due
to driver’s negligent driving.
Was driver acting in course of his
Court of Appeal held not.
Duty of B Limited only to people they
anticipated were likely to be injured by negligent driving of van.
Unauthorised passenger was trespasser.
Therefore B Limited could not reasonably
anticipate he would be a passenger.
Therefore B Limited not liable to him.
Lord Greene MR:
Giving lift to unauthorised passenger was
not merely wrongful mode of performing act of class driver employed to perform,
but was performance of act of class he was not employed to perform at all.
[Easy to criticise this case:
Where was negligent act which caused damage?
And that was in course of employment.
But inviting plaintiff onto vehicle not negligent,