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The German Gesellschaftsroman at the Turn of the Century. A Comparison of the Works of Theodor Fontane and Eduard von Keyserling.(European University Studies I, 1, Vol. 542.)
crane driver suffered injury because the employee of the hirer failed to warn him, while the crane was being moved, of the proximity of an overhead electric cable? On these facts, the employer would not, as in McDermid, be denying the duty of care, but would be claiming that it could not be vicariously liable for the negligent conduct of someone not in its employment.(b) Can an express term override the implied duty of care? One of the questions which had to be addressed in the following case was whether the employers’ duty to take reasonable care, being an implied duty, could be overridden by an express term of the contract of employment. JOHNSTONE v BLOOMSBURY HEALTH AUTHORITY [1991] IRLR 118