ABSTRACT

Although it has been possible to sue a Crown servant or agent personally for a tort which he has committed, the Act of 1947 adds to this remedy by stating that the Crown can be vicariously liable for a tort of its servant or agent, as long as that servant or agent would have been liable himself. One of the leading cases here is Home Office v Dorset Yacht Co Ltd (1970) where is was decided that there was liability in damages to the owner of a yacht which was damaged by borstal boys who, during an exercise outside the borstal, were not supervised with reasonable care by the officers in charge. A crucial finding in the case was that the damage to the yacht could have been foreseen by the officers on any lapse of their supervision so that this gave rise to a duty in favour of the yacht owner to take reasonable care. Clearly, therefore, the Crown can be liable in a situation of this sort since the servant or agent himself would be liable in negligence.