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Lister v Hesley Hall Ltd
・ Lister v Romford Ice and Cold Storage Co Ltd
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Lister v Hesley Hall Ltd : ウィキペディア英語版
Lister v Hesley Hall Ltd

''Lister v Hesley Hall Ltd'' () (UKHL 22 ) is an English tort law case, creating a new precedent for finding where an employer is vicariously liable for the torts of their employees. Prior to this decision, it had been found that sexual abuse by employees of others could not be seen as in the course of their employment, precluding recovery from the employer.〔''T v North Yorkshire CC'' () IR LR 98〕 The majority of the House of Lords however overruled the Court of Appeal, and these earlier decisions, establishing that the "relative closeness" connecting the tort and the nature of an individual's employment established liability.〔() UKHL 22, at 24〕
==Facts==
A boarding house (Axeholme House) for Wilsic Hall School, in Doncaster was opened in 1979; the principal students to live there having behavioural and emotional difficulties.〔() UKHL 22, at 2〕 The claimants in the instant case had resided there between the years 1979 to 1982, being aged 12 to 15 during this time, under the care of a warden, who was in charge of maintaining discipline and the running of the house. The warden lived at the house also, with his disabled wife, and together they were the only two members of staff in the house.〔() UKHL 22, at 4〕 His duties were ensuring order, in making sure the children went to bed, went to school, engaged in evening activities, and supervising other staff.〔 It had been alleged by some of the boys that the warden had sexually abused them, including gifting them unwarranted surprises, and taking trips alone with them. A criminal investigation took place some ten years later, resulting in the warden being sentenced to seven years imprisonment;〔() UKHL 22, at 5〕 following this, the victims brought an action for personal injury against the employers, alleging they were vicariously liable.〔() UKHL 22, at 6〕

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