Hi Mike, apologies if I am being dense but in the Privity of Contract section it mentions that an employer may be sued for the negligent acts of its employees. However, in PhotoProduction v Securicor, Securicor could not be sued over its pyrotechnic employee due to the exclusion clause in the contract.
Please can you clarify this for me as I’m having an argument with myself over it!
If there hadn’t been that clause within the contract then Securicor could well have been sued and found liable
Mersey Docks & Harbour Board v Coggins illustrates the case where an employer was sued because of the negligent acts of the employee
Besides, Securicor WAS sued – they were found to be not liable only because of that exclusion clause
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