Friday, March 16, 2012

Vicarious liability of a school and expedition company on a trip abroad

Mackay J has recently handed down judgment in XVW & YZA v Gravesend Grammar School for Girls and Adventure Life Signs Ltd [2012] EWHC 575 (QB). The question was whether a school and an expedition company were liable for the rape of two pupils by a local guide in Belize. It was held that vicarious liability did not attach to either and furthermore that the school were not in breach of their duty of care by not sending a second teacher on the trip. Beyond that liability did not attach since the checks made were reasonable and proportionate and the leaders of the expedition were not given any reason to foresee this terrible event.

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