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In Twine v Bean's Express Ltd (1946), the defendants' employee gave the claimant's husband a lift in a van, and as a result of the employee's negligence, he was killed. The driver had been told not to give lifts to anyone who was not within a group of authorized passengers, and there was a notice on the side of the vehicle stating who could be carried. The deceased was not among them. The defendants were held not to be vicariously liable, because the driver was doing an unauthorized Act and was therefore outside the course of his employment.In Twine v Bean's Express Ltd (1946), The defendant's employees, including the plaintiff's husband in the van, and as a result of the negligence of an employee, he is killed. The driver has been told not to lift, with everyone who does not belong to the Group of passengers who are authorized and have a notice on the side of the vehicle. Deceased was not among them. The defendant was held not to be liable vicariously, because the driver is an action that is not allowed, and therefore act outside the course of his employment.
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