PAPER 2: Section B - Vicarious Liability Flashcards
What is vicarious liability?
Where an employer is responsible for the tort (civil wrong) of an employee.
This allows an injured claimant to sue the employee and the employer and gain more money from it as the company is in a better financial situation and is more than likely insured.
For example, an injured claimant can sue Tesco Ltd if they slip on a puddle a Tesco employee didn’t clean up.
What 3 points does the Salmond Test say about when employee’s are vicariously liable?
- When an employee commits an unintentional tort
- The person committing the tort is an employee
- The tort occurs in the course of the employement
What are the three parties in vicarious liability? (easy!)
- Tortfeasor: the person who commits the tort and causes the harm (employee)
- Claimant: the victim who suffers harm (customer, patient etc)
- Defendent: the person liable for the tort (employer)
What is a independent contractor? Can they be held liable for vicarious liability?
An independent contractor is a self employed person who’s responsible for their own actions and can be sued by a victim of a tort.
So yes, they will hold liability (not vicarious) for themselves and no third party is responsible.
Whar is the control test?
The control test is key features which show that the employer had control over the employee:
- The power to select the employee
- The right to control the method of working
- The right to suspend and dismiss
- The payment of wages
Hard to apply accurately today
What CASE discusses the test of control cirmumstances? (HINT: Mersy Docks
Mersey Docks & Harbour Board v Coggins & Grittiths (Liverpool Ltd) 1947 -
Facts: Crane driver hired by Harbour Board Ltd negligently injured someone at work. Harbour Board continued to pay his wages and didn’t fire him as they say they didn’t give him the crane to use.
Law : Therefore the hirer didn’t have control about how the equipment can be used.
What is the intergratiob of orgnisation test
work I will be out
