Salmond Test Flashcards
What is vicarious liability?
It allows a third party to be held responsible for the wrongdoings of another
What are the stages of the SL test?
- T commits an unintentional tort
- T is an employee
- tort occurred in the course of employment
What will the T be if the stages are not all satisfied?
An independent contractor
(Barclays Bank)
Which authority governs unintentional torts?
Poland v Parr
What does the control test consider?
The degree of control that the employer has over the employee
What are factors of the control test?
- Right to dismiss (Cassidy)
- Controls how they carry out the work (Coggins and Griffith)
What does the integration test consider?
The extent to which the worker is integral to the business
Which authority is used in the integration test?
Nottingham County Council
Which authority governs the economic reality test?
Ready Mix Concrete
What are the stages of the economic reality test?
- Employee agrees to provide work or skill in return for a wage
- Employee expressly or impliedly accepts work will be in the employer’s control
- All other considerations are in line with their being a contract of employment
Which authority governs dual vicarious liability?
Viasystems Ltd
What is the first stage of acting within the course of employment?
If the employee is fulfilling their job role and the employer is benefitting from it
(Rose v Plenty)
What is the second stage of acting in the course of employment?
If the employee is performing their job in an unauthorised manner
(Limous v London General)
What is the third stage of acting in the course of employment?
The employer is still vicariously liable even when the employee negligently does the job, as they were fulfilling their employment duties
(Century Insurance)
What is the first stage of acting outside the course of employment?
If an employee causes injury outside of their job description, it is a frolic of their own
(Hilton v Thomas Burton)
