Jolly v Marquer [1973] JJ 2349 (02 April 1973)
- Citation
- [1973] JJ 2349
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The doctrine of common employment has never been applicable in Jersey; therefore, the employer is liable for negligent injury to an employee passenger in the employer's vehicle driven by another employee during an authorized refreshment break.
Court disposition
employer held liable
02
Material facts
Parties
Jolly
PlaintiffMarquer
Defendant03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
- 01
Whether the doctrine of common employment applies in Jersey
- 02
Whether an employer is liable for negligent injury to an employee caused by another employee during an authorized break
Party arguments
- Applicant
- The employer is liable for injuries caused by the negligence of another employee during an authorized refreshment break.
- Respondent
- The doctrine of common employment should exempt the employer from liability.
05
Court’s reasoning
Legal principles
- 01
Jolly v Marquer [1973] JJ 2349
The doctrine of common employment is not applicable in Jersey.
06
Ratio, limits and disposition
Ratio decidendi
The doctrine of common employment has never been applicable in Jersey; therefore, the employer is liable for negligent injury to an employee passenger in the employer's vehicle driven by another employee during an authorized refreshment break.
Court disposition
employer held liable
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Jolly v Marquer [1973] JJ 2349 (02 April 1973) URL: https://www.bailii.org/je/cases/JLR/1973/JLR732349.html Cite as: [1973] JJ 2349 [ New search ] [ Help ] Jolly v Marquer 1973 J. J. 2349 (02 April 1973) Employment-doctrine of common employment-applicability in Jersey-doctrine never applicable in Jersey-employer liable for negligent injury to employee passenger in employer's vehicle driven by another employee in refreshment break authorized by employer The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1973 J. J. 2349 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1973/JLR732349.html
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