Chapter 12- Vicarious liability

Question 1

Mersey Docks and Harbour Board v Coggins and Griffiths Ltd

Answer 1

-Crane driver hired out by employers loaded and unloaded ships= negligence caused another’s injury
-HoL decided:
1)The terms in any hire contract of an employee aren’t decisive
2)The permanent employer is presumed liable unless the contrary can be proved
(Control test)

Question 2

Stevenson Jordan and Harrison Ltd v McDonald and Evans

Answer 2

-Established the organisation test
-Worker will be an employee if work is fully integrated into the business
(organisation test)

Question 3

Ready Mixed Concrete Ltd v Minister of Pensions and National Insurance

Answer 3

-Involved payment of national insurance contributions
-McKenna developed the test and set 3 conditions which had to be met before an employment relationship:
1)Employee agrees to provide work for wage
2)Expressively accepts the work will be subject to control of employer
3)Other considerations in the contract of employment rather than other relationships
(multiple test)

Question 4

Limpus v London General

Answer 4

-Employer instructed its bus drivers not to race other drivers when collecting passengers
-1 driver caused an accident when racing
-Employer was liable to the injured claimant as the driver was doing what he was employed to do, even though it was against orders
(Employee acting against orders)

Question 5

Lister v Hesley Hall

Answer 5

-Warden of a school for children with emotional difficulties sexually assaulted some of the children
-Convicted
-HoL decided there was a close connection between job and assaults as carried out on school premise
(Employee committing a criminal act)