Case of Mr O, Mr N, Mr M and Miss Z

Mr O works at the reception part time but he is allowed to use weights room. He was illegally selling steroid to the clients that causes impotence. Two weightlifters Mr N and Mr M want to sue Miss Z (tort of negligence and defences) for health damages and moral compensation. Can they do it? Well, they sue Miss Z if there are two factors: if Mr O is an employee of the fitness centre and the actions he has made were related to his work duties. If he is an employee (Miss Z gives him orders, control his performance, when and how he is act) he has a chance to sell steroids – in that case Miss Z is liable for him. Another possible situation is when he is not an employee selling steroid in weights room – he can be one of clients - he is liable for himself, but if he sells at the reception – Miss Z is liable. The last case is similar to Lister v Hesley Hal: when he is an employee and he is doing activities related to his work place but not his straight duties – then Miss Z is not liable for him and he is liable for himself.

Case of Mr O, Miss Z and Mr L

Mr O was at work and saw through the window that Mr L was trying to break into his car. He left the fitness centre and attacked Mr L. As a result Mr L wants to sue Miss Z for health damages, but he cannot do it because attacking him was not his duty at work, that is why Miss Z cannot be liable for him and his actions that are not related to his work. Attorney General v Hartwell case was the defence of Miss Z – policeman was shooting to people in the bar because of personal feelings and it was not a part of his job. Mr L can only sue Mr O for health damages.

Case of Mr O, Mr K and Miss Z

Mr K is assistant manager and he has suggested Mr O to have a work out alone after closing time but this is against company policy. While doing exercise he dropped a barbell on his head and he was found unconscious the next morning, as a result he suffers dizzy spells. Mr O wants to sue Miss Z for breaching duty of care and he can use Mod v Radcliffe case that will help him to claim, because it was partly connected to his job.

Conclusion

In this paper I have applied the elements of tort of negligence and defenses and applied the elements of vicarious liability in different business situations.