all vicarious liability cases Flashcards
what are the three requirements for vicarious liability
- tortfeasor was an employee
- tort was committed within the course of their employment
- act or omission was a tort
what are the three tests to establish employment
control test
integration test
economic reality test
what are the three tests to establish employment
control test
integration test
economic reality test
case for control test
hawley
case for integration test
evans and mcdonald
case for economic reality test
ready mixed concrete
what are the three scenarios when an employer will be liable when a tort is committed within the course of employment given by which judge
lord salmon
- when employer authorises wrongful act
- when tortfeasor completes authorised act in an unauthorised way
- when tortfeasor is purely careless
case for wrongful act being authorised
poland
case for authorised act being completed in an unauthorised way buses
limpus
case for authorised act in unauthorised way milkman
plenty
case for train person assaulting passenger in attempt to do their job
bayley
case for frolic of their own involving driving van despite orders not to
beard
case for frolic of their own involving an unauthorised break
hilton
case for frolic of his own involving giving a hitchhiker a lift
twine
what is the close connection test
relationship ‘akin to one of employment’ and tort ‘closely connected to employment’
close connection case with bouncer
mattis- stabbing closely connected to instruction to intimidate customers
closely connected case priest sexual assault
maga- nature of work gave the potential for abuse so closely connected
closely connected case involving nun school
JGE
close connected case where employers were not liable
N v merseyside police
case where tortfeasor racially abused customer
mohamud v morrisons supermarket
case for independent contractors
barclays bank
