3.6 Vicarious liability

Question 1

What is vicarious liability

Answer 1

Where a 3rd person has legal responsibility for the unlawful actions of another

Question 2

Why are employers vicariously liable for the torts committed by employees, during the course of employment

Answer 2

• employers more likely to be able to compensate
• employees actions would be on behalf on employer
• by employing the employee, employers creates possible risk
• employer would be under some control of employee

Question 3

what are the 3 questions to ask in order to establish if theres vicarious liability?

Answer 3

1. Was a tort committed
2. Was the tortfeasor an employee
3. When tort was committed, was the employee accting on behalf of employment

Question 4

What’s the test to see if a relationships other than employment can give rise to vicarious liability (example: independant contractors)

Answer 4

• Harm wrongfully done by individual
• as an integral part of business activity done by D and for its benefit
• and in doing wrongful act, risk was created when assigning those individuals those activities

Question 5

What case established this 3 point test

Answer 5

Cox v Ministry of justice

Question 6

Facts of Cox v Ministry of Justice

Answer 6

D was kitchen worker in a prison who dropped a bag on C’s back causing injury. C seeked vicarious liabilty on ministry of justice.

Question 7

Held in Cox v Ministry of justice

Answer 7

They were liable as his actions caused harm, activity was integral to D business, comission of wrongful act was created by D assigning him that role

Question 8

Organisations can be liable to activities carried out on their behalf, true or false?

Answer 8

True

Question 9

What would an employer usually be liable for?

Answer 9

• Wrongful acts authorised by employer
• acts which are wrongful ways of doing something authorised by employer, even if forbidden by employer

Question 10

When there is doubt about this, courts use ‘close connection test’, what is this test

Answer 10

examines closeness between work done and tortious conduct

Question 11

What are the 2 points of the test

Answer 11

1. What function or activity has the employer entrusted the employee to do
2. Was there sufficient connection between position that employee was employed to do and wrongful conduct? If yes employer would be liable

Question 12

Key case for this test

Answer 12

Mohamud v WM Morrisons Supermarket plc

Question 13

Facts in Mohamud v WM Morrisons Supermarket plc

Answer 13

C went to as a worker at the kiosk a question and was verbally assaulted, when he left he then was physically assaulted.

Question 14

Held in Mohamud v WM Morrisons Supermarket plc

Answer 14

Employee was acting in cours of employment and therefore Morrisons supermarket were liable.

Question 15

What can employers do to pay for compensation as a result of being found to have vicarious liability

Answer 15

Deduct wages from employee

Question 16

Does fault have to be proved in vicarious liability

Answer 16

No

Question 17

What is the threshold for vicarious liability

Answer 17

• If person who committs is employed
• and acting in course of employment
  If these are met, no further proof needed

Question 18

What are the 3 ways in which employers can be at fault

Answer 18

1. Employer has chosen employee who could committ tort at work
2. Training for the job was inadequate
3. Employer should have supervised employee more