Central Motors (Glasgow) v Cessnock Garage and Motor Co [1925] S.C. 796
Bailment; duty to take reasonable care; unauthorised use of goods.
Facts: Central Motors (Glasgow) entrusted a new 'Swift' car to a garage run by Cessnock Garage and Motor Co, for them to keep it safe overnight. However, the night watchman, Mr Thomson took the car out of the garage, for his own purposes. He drove it to a club, became very drunk, and then took some friends for a ride in the car. He was involved in a collision which caused damage to the car.
Issue: Was Central Motors (Glasgow) responsible for the damage caused to the car by its employee?
Decision: As bailee, Central Motors (Glasgow) was responsible for the damage.
Reason: Cessnock Garage was held vicariously liable for Thomson's actions, despite Thomson acting directly against his employer's instructions. In considering whether Cessnock Garage and Motor Co had fulfilled its duty as bailee of the car, the court focused on what Thompson failed to do, rather than what he did. In particular, he failed to keep the car safe in the garage, which is what was required of the bailee. Lord Sands said: (at 804):
"The defenders, having undertaken the safe custody of the car, delegated to Thomas Thomson, their night attendant, the fulfilment during the night of this contractual obligation, and they are liable for any failure on his part to fulfil that obligation" .