Law Cases
Gibb v United steel companies
Dock labourer injured during work as one of the wagons hadn’t been braked. Brought action against two different defecdants, first was a master steve dore of the docks and the second was the harbour board. The harbour board actually employed gibb and the master steve dore handled the cargo. It was held although gibbs was legally employed by the harbour board he was the servant of the master steve dore as they had the right to direct him.
Walker v Crystal Palace Football
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Collins v Hertfordshire County Council
The defendant engaged the surgeon; he performed the operation and Collins husband died. The surgeon had ordered over the phone a local anesteic but the house surgeon told the pharmacist incorrectly and therefore mixed the wrong one. The surgeon administered it without checking/ It was held that the system used by Herfordshire county council was dangerous and negligent. They were liable for the negligence for the house surgeon and the pharamacist but not for the surgeon that administered the drug as they could not control how he was to perform his duties.
Market investigations v Minister of social security
A women engaged by a market research company to act as an interviewer. She agreed for a fixed sum to provide her own work and skill. There were detailed instructions given to her with questions to be asked and techniques to be used. She was required to do a certain amount of days work and no provisions in the contract for sick or holiday pay. Held that she was an employee, the degree of control was enough to be that of a contract of service.
Nethermere v Gardener
Held, He was an employee, there was a iriduceable mutual obligation between the parties, the employee was paid for the work, and obligied to apply his own skill in the performance of a service. The fact that he worked from home and could arrange his own holiday was not enough to nullify the contract.
O’Kelly v Trusthouse Forte
Dock labourer injured during work as one of the wagons hadn’t been braked. Brought action against two different defecdants, first was a master steve dore of the docks and the second was the harbour board. The harbour board actually employed gibb and the master steve dore handled the cargo. It was held although gibbs was legally employed by the harbour board he was the servant of the master steve dore as they had the right to direct him.
Walker v Crystal Palace Football
See slide
Collins v Hertfordshire County Council
The defendant engaged the surgeon; he performed the operation and Collins husband died. The surgeon had ordered over the phone a local anesteic but the house surgeon told the pharmacist incorrectly and therefore mixed the wrong one. The surgeon administered it without checking/ It was held that the system used by Herfordshire county council was dangerous and negligent. They were liable for the negligence for the house surgeon and the pharamacist but not for the surgeon that administered the drug as they could not control how he was to perform his duties.
Market investigations v Minister of social security
A women engaged by a market research company to act as an interviewer. She agreed for a fixed sum to provide her own work and skill. There were detailed instructions given to her with questions to be asked and techniques to be used. She was required to do a certain amount of days work and no provisions in the contract for sick or holiday pay. Held that she was an employee, the degree of control was enough to be that of a contract of service.
Nethermere v Gardener
Held, He was an employee, there was a iriduceable mutual obligation between the parties, the employee was paid for the work, and obligied to apply his own skill in the performance of a service. The fact that he worked from home and could arrange his own holiday was not enough to nullify the contract.
O’Kelly v Trusthouse Forte