Huet (nee Wallser) v Lewis [1976] JJ 435 (14 December 1976)

A third party contracting with an employer does not owe a contractual obligation to the employee for the safety of the premises; any liability of the third party is tortious, not contractual.

Citation: [1976] JJ 435
Parties: Applicant: Huet (nee Wallser); Respondent: Lewis
Jurisdiction: Jersey
Judgment Date: 14 December 1976
Procedural Posture: Civil / Judgment
Outcome: claim dismissed
Legal Topics: Safe System of Work, Third Party Liability, Contractual Obligation, Tortious Liability

Employment Law Tort Law Safe System of Work Third Party Liability Contractual Obligation Tortious Liability

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Parties

Huet (nee Wallser)

Applicant

Lewis

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether a third party contracting with an employer owes a contractual obligation to the employee for the safety of premises
2 Whether the third party can be liable in tort for safety of the premises

Ratio Decidendi

A third party contracting with an employer does not owe a contractual obligation to the employee for the safety of the premises; any liability of the third party is tortious, not contractual.

Court Disposition

claim dismissed