8 - Vicarious liability

Question 1

What is vicarious liability?

Answer 1

Where an employer is liable for the torts committed by an employee

Question 2

Why may the employers be liable as per Lord phillips?

Answer 2

• The employer is more likely to have the means to compensate
• The tort will have occured as a result of an activity being performed on behalf of the employer
• employees activity is likely to be of the business activity of the employer
• The employer, by employing the employee to carry out the activity will have created the risk of the tort being commited
• The employee will have been under the control of the employer

Question 3

What three questions have to be asked when establishing liability?

Answer 3

1. was a tort committed?
2. was the tortfeasor an employee?
3. was the employee acting in the course of employment when the tort was commited?

Question 4

Testing employment status: Can a contractor be an employee?

Answer 4

Employers will only be liable for the torts committed by their employees, not for the torts of independent contractors

Question 5

What does Cox v ministry of justice 2016 establish?

Answer 5

organisations may be liable for the torts of anyone who carried out activities on their behalf
you may be vicariously liable if -
1. harm is wrongfully done by an individual
2. who carried out activities as an integral part of the business activities carried on by the D and for its benefit
3. the commision of the wrongful act is a risk created by the D by assigning those activities to the individual in question

Question 6

Testing employment status: acting in the course of employment

Answer 6

An employer is only liable for torts committed by employees acting in the course of employment

Question 7

What will an employer be liable for ?

Answer 7

Wrongful acts which were authorized by the employer

Acts which are wrongful ways of doing something authorised by the employer, even if the act itself was forbidden by the employer.

Question 8

The close connection test

Answer 8

Examines the closeness of the work of the employee and the tort
1. what function or field of activities have been entrusted by the employer to the employee. (what is the nature of the job)
2. was there a sufficient connection between the position in which the employee was employed andthe wrongful conduct to make it right for the employer to be liable

Question 9

‘frolic of their own’

Answer 9

when the employee acts outside of the course of their employment

Question 10

Deduction in wages

Answer 10

If a tort is committed the employer may have to pay damages and the Civil liability act 978 states that they are entitled to source this money through a deduction of the employees wages

Question 11

Vicarious liability and fault

Answer 11

No fault has to be proven on the part of the employer to be liable. if the employee is employed and acting in the course of employment, the employer is liable

Question 12

Why is it likely to be rules that the employer is at fault over the employee?

Answer 12

The employer chose an employee who is liable to or who could commit a tort at work
the training for the job was inadequate or inappropriate
the employee should have been supervised

Question 13

Mohamud v morrsions supermarkets plc 20016

Answer 13

C was assaulted by a racist morrisons worker. The employee was acting in the course of employment even if he was personally racist

Question 14

Joel v morison 1834

Answer 14

Joel was struck by a horse and cart, who was driven by a Morison agent, even though the cart had detoured to visit a friend, the driver was still doing Morison business so was not on a ‘frolic’