A is employed by B as a truck driver.C is A's partner,and they go on deliveries together.One day,while backing up the truck,A drives negligently and injures C.C successfully sues B on the basis of vicarious liability.In a law suit by B against A
A)the court will try to create a new employment contract between A and C so as to allow C to recover from A.
B)the court will imply a term into A's contract of employment with B that A will take reasonable care and skill in the performance of his duties.
C)the court will not imply any term into A's contract of employment with B.
D)the court will look to custom and usage of the trade to determine whether it should imply a term in the employment contract between A and C.
E)none of the above

Question

Quizplus · Accepted Answer

Option B is the most appropriate answer. The court will imply a term in A's contract of employment with B that A will take reasonable care and skill in the performance of his duties, which is a common law duty owed by an employee to his employer. This duty exists irrespective of any express term in the contract of employment, and it arises from the general nature of the employment relationship. Therefore, B can seek to recover damages from A for the harm caused to C. Options A, C, D and E are incorrect as they do not reflect the applicable legal principles in this situation.

A Is Employed by B as a Truck Driver