Wife owned Jaguar.
Her husband and his friends went out in it one night.
Husband and wife had understanding that if husband got
drunk, he would not drive.
Rather, would get someone else to drive or asked to be
Men got drunk – husband asked Mr C to drive.
Mr C’s negligent driving caused accident killing Mr C and
Was wife vicariously liable for Mr C’s driving?
House of Lords held not.
‘In order to fix vicarious liability on owner of car
in such case as here, must be shown that driver was using it for owner’s
purposes, under delegation of a task or duty … It has never been said that mere
permission is enough to establish vicarious liability’
Special understanding between husband and wife fell
short of any delegation by her of task of driving.