Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) Ltd and others (Record no. 76070)

MARC details
000 -LEADER
fixed length control field 02122cab a2200193 4500
001 - CONTROL NUMBER
control field ##L131411
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 051031n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u131411
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) Ltd and others
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
520 ## - SUMMARY, ETC.
Summary, etc. [2005] EWHC Civ 1151, 10 October 2005. Considered whether two separate employers could both be vicariously liable for the negligence of a single employee. V had engaged T to install air conditioning in V's factory. T subcontracted ducting work to D, who then contracted with H to provide fitters and labourers. A fitter's mate, supplied by H but under the overall supervision of a fitter contracted to D, negligently caused a flood. The judge found that H, but not D, was vicariously liable for the negligence. H appealed, on the basis that dual vicarious liability was not legally possible, and that D alone was liable. D argued that H was solely liable, but that dual vicarious liability was a legal possibility. "Held": Vicarious liability was determined by who had been entitled to exercise control over the fitter's mate. The key question was who bore responsibility to prevent his negligent act by being entitled and obliged to give orders as to how the work should be done. On the facts, both H's and D's fitters had been entitled, and obliged, to prevent the mate's negligence. Contrary to the assumption held since the early 19th century, dual vicarious liability was legally possible; in this case both H and D were vicariously liable for the mate's negligence, and if they had dual control of the employee, the measure of control was equal, and it was therefore just and equitable to divide liabilty between them on an equal basis.
590 ## - LOCAL NOTE (RLIN)
Local note IKA081105
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element VIASYSTEMS (TYNESIDE) LTD V THERMAL TRANSFER (NORTHERN) LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CIVIL LIABILITY (CONTRIBUTION) ACT 1978
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element Construction management
9 (RLIN) 6230
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2005/1151.html">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2005/1151.html</a>
Public note View the judgment free of charge at www.bailli.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 31/10/2005   ONLINE PUBLICATION 131411-1001 06/08/2019 1 06/08/2019 Law report