Sal is a zero-hours contract worker for Ultra taxis. At the start of a shift, he slips on the icy steps outside the taxi office and pulls a muscle in his back. He needs to work so carries on with his shift. He picks up Hugo and Cassandra from a work Christmas party. They are both quite drunk and Cassandra feels sick on the route home.
Sal is worried she is going to be sick in the back of his taxi and pulls over and asks them to get out of the taxi. Hugo refuses and Sal gets out of the driver’s seat, opens the door, and pulls him from the taxi. Hugo falls to the ground and Sal loses his temper, kicking him repeatedly. Hugo suffers two broken ribs.
- Identify the tort which is committed by Sal and explain how the various elements of that tort are satisfied.
- Identify the tort which is committed by Ultra and explain how the various elements of that tort are satisfied.
- Is Ultra vicariously liable for the harm Hugo suffers?