Vicarious Liability a Short History of the Liability of Employers Principals

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Barmen, equally with ticket -clerks, appear to enjoy large opportunities of arrest. A very similar case to that of Hanson v. Walker (infra) was one of Abrahams v. Deakin [1891] 1 Q. B. 516 ; the supposed wrongdoer was here a casual customer and not an employee. The charge was 1 Smilh v. N. Met. Tram. Co. (1891) 55 J. P. 630.
Chap. V ' AUTHORITY ' TO COMMIT WRONGS 105 one of attempting to pass off a ten-mark piece as half a sovereign. Wills directed the jury ' that the manager of a business had
...authority to do all things reasonably necessary for the protection of his master's interest and property, and that no people were so exposed to having bad money passed on them as publicans '. He did not think it material whether the object of the arrest was to recover property or to frighten other people from attempt- ing to steal it. This was of course at nisi prius, and Esher, Lopes, and Kay entered judgment for the defen- dant. It is interesting to note that the question of the liability of employers for such arrests made not to pro- tect property, but to penalize crime, was still regarded as arguable : in the next year, it was again raised under very different circumstances.

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