LAW P2 TORT (VL)

Question 1

What does VL deal with?

Answer 1

VL deals with the situation in which an individual acts on behalf of another.

Question 2

What is the primary situation where VL occurs?

Answer 2

The primary situation in which this occurs is when someone acts on behalf of their employer

Question 3

What are the 3 points that must be proven for VL?

Answer 3

• Must be a relationship of employment
• Must be a tortious act
• The act must occur during the course of employment

Question 4

What are the cases for the 3 points of VL?

Answer 4

• Cox v Ministry of justice (relationship of employment), it is possible for VL to be imposed where there is a relationship of employment
• Broom v Morgan (tortious act), a husband cannot be liable in tort against his wife
• Morrison supermarkets v various claimants (course of employment), personal motive meant the close connection test was not satisfied

Question 5

What is the test for testing employment status?

Answer 5

The traditional test for testing employment status is known as the salmond test.

This states that an employer will only be liable for torts which the employee commits in the course of emplyoment

Question 6

What does the salmond test show how an employer can be liable?

Answer 6

An employer will usually be liable for:

• Wrongful acts which are actually authorised by the employer
• Acts which are wrongful ways of doing something authorised by the employer

Question 7

What test is used if there is doubt regarding the salmond test?

Answer 7

The courts will use the close connection test.

This examines the closeness of the connection between the work the employee was employed to do and the tortious conduct:

• What function or field of activities have been entrusted by the employer to the employee (what was the nature of the job)
• Was there a sufficient connection between the position in which the employee was employed and the wrongful conduct, to make it right for the employer to be held liable

Question 8

What happens if the tort is committed by an employee acting in the course of employment?

Answer 8

If the tort is committed by an employee acting in the course of employment, the employer will be liable to pay compensation to the injured person.