Scott v Davis

The case of *Scott v Davis* involved an appeal to the High Court of Australia concerning the vicarious liability of an aircraft owner for the negligence of a pilot flying the aircraft with the owner's consent for a social purpose. The dispute arose from a plane crash during a birthday celebration, which resulted in the death of the pilot and injury to a passenger, who was the son of the other appellants. The injured passenger and his parents sued the aircraft owner for negligence.

The High Court was required to determine whether the owner of an aircraft could be held vicariously liable for the negligent flying of that aircraft by a person permitted to fly it, even in the absence of a traditional master-servant or contractual agency relationship. Specifically, the court considered whether the principles of vicarious liability, particularly those developed in the context of motor vehicle accidents, should extend to aircraft, and whether such liability was confined to situations where the owner had specifically authorised, instigated, or ratified the wrongful act.

The High Court, by majority, dismissed the appeal. The court reasoned that the principles of vicarious liability in tort, particularly in the context of the negligent use of a chattel for conveyance, were not confined to motor vehicles. The court found that the owner had delegated a task to the pilot, the pilot was not acting as an independent principal but was subject to the owner's general direction and control, and the pilot was acting within the scope of the authority conferred by the owner. Therefore, the pilot was considered an agent for whose negligence the owner was responsible. The appeal was dismissed with costs.