BU v SI Ltd [2015] NZDT 1460 (10 September 2015) [pdf, 183 KB]
...which applies when someone breaches a duty of care to another person causing foreseeable damage. Drivers have a duty of care towards other road users, which includes proper maintenance of the vehicle and ensuring it is roadworthy. If an employee is negligent while driving in the course of his or her employment, the employer is vicariously liable for the damage caused. 6. The parties agreed that a driver would only have basic tools available to change a wheel, and could not be expected to...