Clearly DDL will want to argue that Twine applies, whereas in advising James, will look in the case of Rose v Plenty (1976) a milkman had been told by his employer not to permit passengers on his float, nor to let children help him deliver the milk. He disregarded these orders, and paid the claimant, who was 13, to help him. The claimant was injured while riding on the vehicle, as a result of the milkman’s negligent driving. The defendants were held vicariously liable, because the prohibition did not affect the job which the milkman had to do, only the way in which he should do it. He was doing his allocated job of delivering the milk, even though in a way that his employers disapproved of.