Paper 2.11 - Vicarious Liability Flashcards
What is vicarious liability? Why would C want to do this?
The d is responsible for the tort of a tortfeasor (usually an employee of d).
The d has more money than TF and can be sued for greater damages.
What are the two kinds of vicarious liability?
TF intentionally commits tort / TF does not intentionally commit tort.
What were the traditional vicarious liability tests called collectively, and would they be applied for intentional or unintentional torts?
The Salmond tests, unintentional torts.
What were the two elements of the Salmond test?
Was the tortfeasor employed?
Was the tort committed in the course of employment?
What were the three Salmond tests of vicarious liability that tested whether the tortfeasor was employed, and what cases established them?
The control test - Hawley
The integration test - Stevenson
The economic reality test - Ready Mixed Concrete
(C.H.I.S.E.R)
What is the control, integration and economic reality tests in terms of the Salmond test?
Control - If the firm has control over the TF, they are employed. (Hawley)
Integration - If the firm is integrated TF into operations, they are employed i.e. not freelance. (Stevenson)
Economic reality - If the firm gives TF an contract similar to employment, they are employed. (Ready Mixed Concrete)
What are the three Salmond factors of vicarious liability that determine whether TF’s actions were in the course of their employment, and what cases decided this?
D acting against actions - Limpus.
Employee acting negligently - Century Insurance.
Acting on a frolic of their own - Hilton.
Determine whether d is liable in the following vicarious liability scenarios according to the Salmond test:
- TF acts against D’s order.
- TF is negligent in their tort.
- TF acts on a frolic of their own.
1) Liable. (Limpus)
2) Liable. (Century Insurance)
3) Not liable. (Hilton)
What are the two elements of modern vicarious liability and would they be used for intentional or unintentional torts?
Is it akin to employment?
Does it pass the close connections test?
What is akin to employment? What case defines this?
Akin to employment - anything similar to a contract of employment. NOT independent contractors. (Barclays)
What are the five criteria set out in Catholic Child Welfare Society regarding akin to employment?
i) D is more likely to be able to compensate C than the TF.
ii) Tort is committed by TF on behalf of D.
iii) TF’s actions are part of D’s business operations.
iv) By employing TF, D created the risk of the tort occurring.
v) TF is under D’s control.
What is the case studies for the close connections test?
Morrisons - TF punched C while serving them.
Morrisons - TF sold data customer data, but there was no connection to his job.
