Chapter 4: Vicarious Liability Flashcards
What are the effects of being vicariously liable?
We may be sued for the torts of others for whom we are said to be vicariously liable.
What is vicarious liability?
VL is liability imposed on a party for torts committed by another.
E.g. An employer can be held liable for a tort committed by an employee, if that tort was committed during the course of employment.
Who benefits from vicarious liability?
The claimant, as it is likely that an employer will be able to recover any loss suffered through his or her insurance.
In what case was the law revised relating to whether an employee was acting in the course of his or her employment?
Lister & Others v Hesley Hall Ltd (2001)
Facts of ‘Lister & Others v Hesley Hall Ltd (2001)’
The warden of a boarding school was found guilty of abusing children resident there.
Held in ‘Lister & Others v Hesley Hall Ltd (2001)’
The school was liable. The warden had carried out the acts of abuse in the course of his employment.
Facts of ‘Dubai Aluminium Co Ltd v Salaam & Others (2002)’
A solicitor drafted false agreements.
Held in ‘Dubai Aluminium Co Ltd v Salaam & Others (2002)’
The drafting of such type of agreements fell within the usual scope of work of a solicitor. As such his employers were held to be vicariously liable.
What is the vicarious liability for a tort committed by an agent?
If the agent was acting within the limits of his or her authority and carrying out the acts for which he or she was appointed, then a principal is VL.
Ormrod v Crossville Motor Service (1953)
Facts of ‘Ormrod v Crossville Motor Service (1953)’
A rally car driver asked his friend to drive his car to Monte Carlo where he was taking part in a rally.
The friend drove negligently and caused damage to the claimant’s bus.
Held in ‘Ormrod v Crossville Motor Service (1953)’
The owner was vicariously liable for his friend’s actions.
