Questions 1 If the Keppel Bus Co case arose today, would the result be different? 2 Lord Diplock says that vicarious liability must be confined to tort. Does this mean that, when a victim sues a company in contract, the course of employment rule is irrelevant? 3 Could Photo Production have sued Securicor in trespass? CONTRACTUAL LIABILITY FOR THINGS
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Montague Smith J: In this case, the plaintiff, a passenger for hire on the defendants’ railway, suffered an injury in consequence of the carriage in which he travelled getting off the line and upsetting; the accident was caused by the breaking of the tyre of one of the wheels of the carriage owing to ‘a latent defect in the tyre which was not attributable to any fault on the part of the manufacturer, and could not be detected previously to the breaking’.