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Honeywill & Stein v Larkin

[1934] 1 KB 191

Case summary last updated at 20/01/2020 17:00 by the Oxbridge Notes in-house law team.

Judgement for the case Honeywill & Stein v Larkin

P contracted D to take pictures on the inside of X’s cinema and due to D’s negligence there was fire damage. CA held that P would be liable to X and therefore was entitled to recover for negligence from D. 
 
Slesser LJ: General rule is that E is liable for acts of servants/agents but not for those of ICs. To determine whether a party is a servant or an IC, we look at whether E “retains control of the actual performance”, in which case it is a servant, or leaves the manner of performance to the party, in which case it is an IC. Is this case within the general rule or the “extra-hazardous” category? This case DID fall within the extra-hazardous category (it involved making explosions on the premises). 

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