Nature and Purpose of Vicarious Liability

Question 1

Vicarious Liability

Answer 1

Employer held liable for wrongdoing of an employee.

Question 2

What does VL require?

Answer 2

Requires a connection between employment duties and employees act complained of

Question 3

What is needed to establish the requirement?

Answer 3

it needs to be proved the employer was employed.
Employer has the deepest pockets and will be insured against liability.

Question 4

Nature and Purpose of Vicarious Liability Case: Ready Mixed Concrete Ltd v Minister of Pensions

Answer 4

Driver contracted to deliver concrete, he was an independent contractor. He was to purchase own car and paint it in company colours and drive in a manner compliant with the company.

Question 5

What was the issue with Ready Mixed Concrete Ltd v Minister of Pensions?

Answer 5

Was he an employed person?

Question 6

Ready Mixed Concrete Ltd v Minister of Pensions
Held:

Answer 6

Driver had sufficient freedom in the performance of his contractual obligations as he was free to decide the vehicle, his own labour, fuel, and other requirements in the performance of the task. In lieu of these freedoms, he was an independent contractor and not an employee of the company.

Question 7

What did Ready Mixed Concrete Ltd v Minister of Pensions set?

Answer 7

A judicial precedent for future cases as they had to decide whether he was an employee or not, these rules can now be applied to future cases.