Adrian has been employed for five years by Daily Deliveries Ltd as a delivery man.

It is a term
of Adrian's employment that he may not carry any person other than employees of Daily
Deliveries Ltd on his van. In fact, since his employment started, Adrian has been helped on
Saturdays, and during school and College holidays, by his son James, who is 19. James has never
been employed by Daily Deliveries Ltd and is aware of the restriction in Adrian's contract of
employment. Last month James was helping Adrian as usual when, owing to Adrian's negligent
driving of the delivery van on their lunch break, there was an accident in which James was
seriously injured. Daily deliveries has now told James that the company has no liability to pay
damages to him.

Advise James

The area of law is vicarious liability. According to Elliot and Quinn, Vicarious liability
is a form of joint liability, which arises where there is a relationship between the tortfeasor and
another that justifies making the other liable for the tortfeasor’s acts. This type of relationship
usually exists betwee