Adrian has been employed for five years by Daily Deliveries Ltd as a delivery man. It is a term of Adrian’s employment that he may not carry any person other than employees of Daily Deliveries Ltd on his van. In fact, since his employment started, Adrian has been helped on Saturdays, and during school and college holidays, by his son James, who is 19. James has never been employed by Daily Deliveries Ltd and is aware of the restriction in Adrian’s contract of employment. Last month James was helping Adrian as usual when, owing to Adrian’s negligent driving of the delivery van on their lunch break, there was an accident in which James was seriously injured. Daily Deliveries has now told James that the company has no liability to pay damages to him.