Question
You are an insurance broker. One of your clients is a pizza delivery company who has a commercial combined policy. The following events occur: A
You are an insurance broker. One of your clients is a pizza delivery company who has a commercial combined policy. The following events occur:
A 17 years old employed as a pizza delivery moped rider, takes a company moped home. This is forbidden by company policy, as detailed in all their pizza delivery riders' contracts of employment. However, it is common practice for this company's pizza delivery riders to take the mopeds home.
On the way home the pizza delivery rider is involved in an accident with another vehicle. This accident causes damage to the moped, the other vehicle and injury to the pizza delivery rider.
The pizza delivery rider suffers head injuries but refuses medical treatment at the scene of the accident.
The subsequent police investigation states that the accident was caused by the pizza delivery rider.
The pizza delivery rider was not wearing a helmet at the time of the accident.
A week later, whilst playing football, the pizza delivery rider collapses and is rushed to hospital with a head injury and dies.
(a)Explain to what extent the pizza delivery company is potentially liable for the actions of its employees.
(b)Explain what effect the age of the pizza delivery rider has on their contract of employment.
(c)Discuss whether the pizza delivery company is liable for the death of the rider.
(d)Explain, with justification, two defences the pizza delivery company may be able to rely on regarding the death of the pizza delivery rider.
Applicable law is English law.
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