Description
Ministry of Defence Vicariously Liable for Actions of Army Captain:The Court of Appeal held that the Ministry of Defence were vicariously liable for the actions of an Army Captain, even in an off-duty situation where he had allowed two soldiers to jump from a bridge into a lake, one of whom had been seriously injured. It was made clear that even though all three men were off-duty at the time, military rank and discipline remained relevant; although the Captain could not order the men to jump, he could have ordered them not to jump. The fact that the soldiers had asked before they jumped provided a requisite degree of reliance which made it fair, just and reasonable to impose a duty of care.
