Big Food Company Ltd. is a food wholesaler operating out of a large warehouse. Food is purchased there in bulk, either in person or via order. One day, a number of incidents occur in the warehouse. Employees Albert and Berta meet with a customer, who wishes to buy a large quantity of rice. The desired product is on a high shelf, some two stories up on the warehouse's industrial shelving. Ordinarily, they would use a forklift system to retrieve the pallet the rice is on. Today, however, the forklift system is already in use. The wholesaler of the rice is busy, and so Albert and Berta decide to retrieve the rice on their own. They have attempted this once before, and were caught by their employer, who forbade them from retrieving products in this manner. Berta climbs up the shelving, and after ensuring Albert is ready, she shifts the bag of rice off the pallet. Unfortunately, another customer is walking by when the bag falls off of the shelves. It misses Albert (who was intending to catch it) and it hits the customer, who is knocked to the floor and suffers a broken arm.

 

Rice is spilled over the floor, and so Albert and Berta call over Caylee - a cleaner. Caylee is working at Big Food Company Ltd., on a casual basis, usually three days each week, but is subject to Caylee's wishes. Albert and Berta ask that she wears the uniform of Big Food Company Ltd., and that she is polite to customers as she works. Caylee works on an independent

basis - she operates under her own name, and files a tax return herself as an independent contractor. Caylee jumps onto the warehouse's sweeper machine - an industrial unit used to make cleaning up large spills easier. On her way to the spill, she accidentally runs over the foot of a customer. The customer's foot is broken, and he swears loudly at Caylee. 

Dayne, a cashier, hears the customer yelling at Caylee. He is rather protective of her and rushes over and berates the customer for his poor attitude. The customer refuses to back down, and so Dayne hits him, breaking his nose.

Meanwhile, Eoban, a delivery driver, is out on a job delivering beef to a customer. He is still on his way out when he decides to stop for lunch at a drive-through restaurant. Whilst stopped at the order window, he accidentally puts his delivery van in reverse, and hits the driver behind him.

Big Food Company Ltd., is now facing four claims - one for the broken arm, one for the broken foot, another one for the broken nose, and a fourth for the vehicle damage.

 

Advise Big Food Company Ltd., on whether it will be held vicariously liable for these claims. (1. Broken arm, 2. Broken foot, 3. Broken nose, 4. Vehicle damage)

Answer rating: 100% (QA)

1 Broken Arm Albert and Berta Big Food Company Ltd may be held vicariously liable for the broken arm ... View the full answer