Tort Law - Vicarious Liability

Question 1

Vicarious liability is…

Answer 1

Where the D is responsible for the tort of another

Question 2

Order

Answer 2

T committed tort+C suffered injury, T must be employee of akin to employment, the T must be acting in the course of employment, frolic of his own, remedy

Question 3

1

Answer 3

The tortfeasor must have committed a tort rather than a crime: has C suffered an injury or loss (Poland v Parr)

Question 4

2

Answer 4

T must be an employee or akin to employment

Question 5

Employee

Answer 5

Control test: employees are told what to do and how to do it ( Hawley v Luminar leisure)
Integration test: the more closely a worker is involved with the core business-the more likely he is to be an employee ( SJH vMcDonald and Evan’s)
Multiple test: considers c=factors too determine whether a worker is an employee or independent contractor (Readymix Conceate v Minister of Pensions): control, personal performance (Echo+Express Publication v Tanton), mutuality of obligation (Carmichael v National Power)

Question 6

Akin to employment

Answer 6

(Catholic Brothers) set out 5 criteria: employer is more likely to have means to compensate,tort committed as a result of the activity, activity likely to be part if business activity, employer created the risk, employee will be under control of the employer

Question 7

Independent contractor

Answer 7

Commits a tort during the course of employment the independent contractor remains liable for their own tort (Barclays v Various Claimants)

Question 8

3

Answer 8

The tortfeasor must be acting in the course of employment: is the tort committed in the course of employment or closely connected

Question 9

In the course of employment

Answer 9

The old (salmond) test: an authorised act done inn a wrongful and unauthorised way (Century Insurance v NIRTB), an authorised act done in an expressly forbidden way (Rose v Plenty), an authorised act: if the act is unauthorised then the D will not b vicariously liable (Beard v LGO), acting negligently-employer can still be liable if employee is acting against orders but is doing there job (Century Insurance v NIRTB)

Question 10

Closely connected

Answer 10

There must be a close connection between that relationship and the wrongdoing which was done (Dubai Aluminium v Salaam)

Question 11

Frolic of his own

Answer 11

D will not be vicariously liable if the T was on a frolic of their own and not in the course of employment (Twine v Beans Express). D will be liable if it benefits the company (Rose v Plenty)

Question 12

Remedy

Answer 12

Damages: if the employer has to pay damages, then this can be recovered from the employee under the civil liability (constributory) act 1978