Twine v Bean's Express Ltd [1946]

  • Created by: channyx
  • Created on: 20-03-20 15:44

An employer owed no duty of care to a passenger to whom its employee had offered a lift. The employer had taken every step reasonably practicable to ensure that there should be no unauthorised persons in its commercial vehicles, and the employee was not acting within the scope of his employment by offering the lift.

The plaintiff widow brought a claim for negligence against the defendant company (B) following the death of her husband (T) in a road traffic accident.

T had been employed as a mail porter by a bank. B provided a commercial van and driver to the bank. B's driver had standing instructions not to allow unauthorised persons to travel in company vehicles. T got a lift in the van but had not been authorised by the bank to do so. A notice on the van's dashboard stated "no unauthorised persons allowed in this vehicle". A further notice was displayed on the roof of the van, stating that the driver had instructions not to allow unauthorised travellers in the van, and that B would not be responsible for any damage to such unauthorised persons. T had travelled in B's van before, and had been told by the driver that he travelled at his own…


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