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problem question on vicarious liability watch

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    Leo owns a café, La Dolce Vita, in the town centre. Mandy, Neil and Rita are all full-time employees. Neil’s role includes driving the café’s van. Olga, a university student, is studying for a degree in hospitality. She also works at the café at weekends, as part of her course. Olga does not work set hours, she is only paid for the hours she actually works and Leo does not deduct income-tax. Leo tells Olga what she is doing each day and she has to wear a uniform provided by Leo.

    Leo told all the staff that they must not carry more than six hot drinks on a tray, at any one time. One day, when the café was very busy, Mandy had ten hot drinks on her tray. She over balanced and a cup of hot coffee fell off her tray and landed on Petra, a customer, causing burns to Petra’s hand.

    One morning, Neil had driven to the next town, using his own car, to collect cakes from a bakery, for the café. He was driving back to the cafe and saw Rita standing at a bus-stop. He stopped his car and offered her a lift. Rita got into his car and told Neil that she was on the way to the café for her afternoon shift. Neil said, that as it was nearly lunch time, he was going to his favourite pub, on the edge of town, for lunch. He drove to the pub and parked in the car park. When they were both sitting in the car, Neil sexually assaulted Rita.

    One day, Olga left the café and was walking down the street, when she saw Sonia trying to break into the café’s van, which was parked in the street. Olga went up to Sonia, shouted at her and slapped her in the face.

    Advise Petra, Rita and Sonia of any claims they may make in tort.
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Updated: February 5, 2018

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