A company hired Mr Denham to work on its land, and provided him with an assistant unskilled labourer. The man was killed on the job, due to the negligence of Mr Denham's co-workers. The dead man was at all times paid by the company, and the company alone had the power to dismiss him. The question was whether Mr Denham's insurer or the insurer of the company should pay the damages to the deceased man's widow.
Judgmentedit
Denning LJ held that a contract of service cannot be transferred from one employer to another without the servant's consent, and it must be real consent.
At 444, ‘These results are achieved in law by holding that Clegg became for the time being the temporary servant for Le Grands. There is no harm in thus describing him so long as it is remembered that it is a device designed to cast liability on the temporary employer. The real basis of the liability is, however, simply this: if a temporary employer has the right to control the manner in which a labourer does his work, so as to be able to tell him the right way or the wrong way to do it, then he should be responsible when he does it in the wrong way as well as in the right way. The right of control carries with it the burden of responsibility.’
Referencesedit
Notesedit
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denham, midland, employers, mutual, assurance, this, article, does, cite, sources, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, news, newspapers, books, scholar, jstor, 201. This article does not cite any sources Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Denham v Midland Employers Mutual Assurance Ltd news newspapers books scholar JSTOR May 2016 Learn how and when to remove this template message Denham v Midland Employers Mutual Assurance Ltd 1955 2 QB 437 is an English contract law case concerning multiple employers Denham v Midland Employers Mutual Assurance LtdCitation s 1955 2 QB 437 Contents 1 Facts 2 Judgment 3 References 4 NotesFacts editA company hired Mr Denham to work on its land and provided him with an assistant unskilled labourer The man was killed on the job due to the negligence of Mr Denham s co workers The dead man was at all times paid by the company and the company alone had the power to dismiss him The question was whether Mr Denham s insurer or the insurer of the company should pay the damages to the deceased man s widow Judgment editDenning LJ held that a contract of service cannot be transferred from one employer to another without the servant s consent and it must be real consent At 444 These results are achieved in law by holding that Clegg became for the time being the temporary servant for Le Grands There is no harm in thus describing him so long as it is remembered that it is a device designed to cast liability on the temporary employer The real basis of the liability is however simply this if a temporary employer has the right to control the manner in which a labourer does his work so as to be able to tell him the right way or the wrong way to do it then he should be responsible when he does it in the wrong way as well as in the right way The right of control carries with it the burden of responsibility References editNotes edit nbsp nbsp This article relating to law in the United Kingdom or its constituent jurisdictions is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Denham v Midland Employers 27 Mutual Assurance Ltd amp oldid 1082970386, wikipedia, wiki, book, books, library,
