NEGLIGENCE- vicarious liability

Question 1

what is vicarious liability for?

Answer 1

liability of an employer for torts of employee while at work

Question 2

when do you use vicarious liability? (3)

Answer 2

1. when a tort is committed
2. committed by employee
3. committed by employee in cause of his employment
   then sue employer

Question 3

1st element - tort committed?

Answer 3

use negligence - duty,breach,damge to prove it just the typical incident

Question 4

2nd element- committed by employee?

Answer 4

need to see if person really is one- know difference between employee and independent contractors/ contract of service for employers/ contract for services for contractors

Question 5

if they are employee you sue?

Answer 5

sue employer

Question 6

if they are not an employee you sue?

Answer 6

sue them e.g self employed cause making profit and responsible for own insurance (not immediately obv).

Question 7

what test is used to identify employees?

Answer 7

multiple test

Question 8

what is the leading case for the multiple test?

Answer 8

ready mix concrete

Question 9

what is required in multiple test?

Answer 9

1. employee agress to provide work/skill in return for regular wage, independant usually paid for whole job rather than regular payments
2. employee expressly accepts that work will be subject to control of employer
3. contract of employment rather than any other relationship btw other parties e.g tax and national insurance contrib/insurance responsibilities

Question 10

element three-acting in course of employment?

Answer 10

only responsible if at work

Question 11

what did joel v morrison say?

Answer 11

engaged in his masters business,not on a folic of his own

Question 12

case for dont matter if wrongful still liable?

Answer 12

century insurance v northern ireland road transport board

Question 13

case for if employee did something out of job?

Answer 13

beard v london general omnibus