Tort 6 - Vicarious Liability

Question 1

What is vicarious liability?

Answer 1

A situation where one party is held liable for the torts of another.

Question 2

Is vicarious liability a tort?

Answer 2

No, it is a determination of who is potentially liable.

Question 3

What type of liability is vicarious liability?

Answer 3

Strict liability – no need to prove the defendant is at fault.

Question 4

What types of torts can trigger vicarious liability?

Answer 4

• Negligence
• Assault
• Battery
• False imprisonment
• Defamation

Question 5

What must be proven for Party B to be vicariously liable for Party A’s tort?

Answer 5

• A tort has been committed by Party A
• Party A is an employee of Party B or in a relationship akin to employment
• The tort was committed in the course of Party A’s employment/quasi-employment

Question 6

What is the significance of an employment relationship in vicarious liability?

Answer 6

Party B will only be vicariously liable if the relationship is one of employment or akin to employment.

Question 7

What defines a tort committed in the course of employment?

Answer 7

A wrongful act that is either expressly or impliedly authorised by the employer, incidental to the employee’s duties, or an unauthorised way of doing something authorised.

Question 8

What is the close connection test in vicarious liability?

Answer 8

• Functions entrusted by the employer to the employee
• Sufficient connection to make it fair and just for the employer to be held liable

Question 9

Is wearing a company uniform enough to establish vicarious liability?

Answer 9

No, wearing a company uniform alone is not enough.

Question 10

What could make work drinks relevant in vicarious liability?

Answer 10

If business is being discussed during the drinks.

Question 11

What happens if an employee’s act was unauthorised or expressly prohibited?

Answer 11

No vicarious liability from the employer.

Question 12

What is the Civil Liability (Contribution) Act 1978 regarding employers’ indemnity?

Answer 12

It entitles an employer to seek an indemnity from their employee if forced to pay damages for the employee’s tort if just and equitable.

Question 13

What is the difference between employers’ primary liability and employers’ vicarious liability?

Answer 13

• Employers’ primary liability: Employee sues employer for breaching duty of care to the employee.
• Employers’ vicarious liability: Employer is held responsible for the torts of their employees while not at fault themselves.