Deatons Pty Ltd v Flew
Jurisdiction | Australia Federal only |
Neutral Citation | [1949] HCA 60,1949-1212 HCA B |
Year | 1949 |
Date | 1949 |
Court | High Court |
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58 cases
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Jalena Vaickuviene And Others V. J. Sainsbury Plc
...the army (Ministry of Defence v Radclyffe [2009] EWCA Civ 635). These were contrasted with the "frolic" cases (eg Deatons Pty v Flew (1949) 79 CLR 370) where the actions of the employee involved, in the words of Lord Reed in Ward v Scotrail Railways 1999 SC 255 (at 264), "an unrelated and i......
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3 firm's commentaries
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Frolics Or Authorised Acts?
...own.' Sprod appealed the decision. Appeal The Court of Appeal had regard to the High Court's decision in Deatons Pty Limited v Flew (1949) 79 CLR 370 (generally regarded as the starting point when considering vicarious liability in Australia) and the more recent High Court decision in State......
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' Vicarious Liability Of An Employer For An Intentional Tort By Its Employee - S 3B (1) CLA' : Zorom Enterprises Pty Ltd -V- Zabow & Ors [2007] NSWCA 106
...for unauthorised acts if they may be regarded as modes - although improper modes - of exercising authority: Deatons Pty Ltd v Flew (1949) 79 CLR 370; State of New South Wales v Lepore (2003) 212 CLR An employer will be vicariously liable for the intentional tort of an employee where the con......
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Employer's vicarious liability - no laughing matter for pranksters
...is the irrelevance of the employee's state of mind while committing the wrong. Harper JA noted the decision of Deatons Pty Ltd v Flew (1949) 79 CLR 370 where it was held that spite was irrelevant in determining whether an employer was liable or not for the actions of an employee; the fact t......
1 books & journal articles
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Open All Hours: The Reach of Vicarious Liability in ‘Off-Duty’ Sexual Harassment Complaints
...were aimed at: _____________________________________________________________________________________ 3 Deatons Pty Ltd v Flew (1949) 79 CLR 370. See generally, Rick Glofcheski, 'A Frolic in the Law of Tort: Expanding the Scope of Employers' Vicarious Liability' (2004) 12 Tort Law Review 18,......