Section B - Vicarious Liability Flashcards
What is VL
When employer can be sued for the acts or omissions of an employee where they amount to a tort
What need to be established first in VL
Tort committed
What is tort committed
For D to be VL there must have been a tort committed by an individual
No tort = no VL
What is the second thing to establish for VL
Employment status
What is the main case for employment status
Barclays Bank Plc v Various Claiments
What did Lady Hale say in Barclays Bank Plc v Various Claiments
If a contractor is carrying out his or her independent business it is not necessary to consider the various tests
What are the two types of contract
1) clear contract of service
2) ambiguous contact
What are the 3 tests to be considered for clear contract of service (with cases)
1) control test - Yewans v Noakes
2) integration test - Lord Denning in Stevenson, Jordan and Harrison v Macdonald and Evans
3) economic reality test - Ready Mixed Concrete v Minister of National Pensions
What is the control test (with case)
The more control and employer has over their employee the more likely the staff are employees - Yewans v Noakes
What is the integration test (with cases)
The more closely linked someone is to the core of the business the more likely that they are an employee - Lord Denning in Stevenson, Jordan and Harrison v Macdonald and Evans
What are the 3 tests set out in economic reality test
1) employee provides work in return for a wage
2) employee expressly or impliedly accepts he will be subject to the others control in a sufficient degree to make the other their master
3) all other elements of the contract are consistent with it being a contract of service
What is an ambiguous contract
When there is no clear contract of service the courts must consider whether the employee and employer have a relationship akin to employment
What case sets out the 5 criteria for ambiguous contract
Lord Phillips in Catholic Child Welfare Society v Various Claiments
What are the 5 criteria for ambiguous contract
1) employer is more likely to have the means to compensate V
2) Tort was committed as a result of activity being taken on behalf of employer
3) employees activity is likely to be part of business activity
4) by hiring the employee the employer created a risk of the tort being committed
5) to a greater or lesser degree the employee is under the control of the employer
What is the third thing to consider for VL
In the course of employment
What are the 2 types of in course of employment
1) intentional
2) non intentional
What are the 4 tests set out by Lord Salmond for non intentional torts (with cases)
1) was employee acting against orders of employer (Rose v Plenty)
2) no VL if employee caused injury by doing something outside of their employment (Beard v London General Omnibus Company)
3) no VL if employee does a job negligently (Century Insurance v Northern Ireland Road Transport)
4) was employee on a ‘frolic of their own’ (Hilton v Thomas Burton)
