Tort-Negligence-Vicarious Liability Flashcards
What does vicarious liability mean?
Where one person is liable for the tort of another
What is vicarious liability an example of?
Strict liability
What vicarious liability will be studied for the A-level?
Employer liability for the actions of their employees
Reasons for vicarious liability.
So C can receive damages-employee may not have resources to pay
So C can receive damaged even if he does not know which employee was negligent e.g., during operation
To encourage employers be careful
Evaluate the liability of the employee in vicarious liability.
Employer and employee can both be liable, though C more likely to sue employer as they have resources
How many test are there for vicarious liability overall?
3
3 overall tests for vicarious liability
- Employee has committed a tort
- Worker concerned has employee status
- Tort occurred during the course of his employment
What rules apply for the 1st test of vicarious liability?
Nomal rules of duty, breach and causation should be discussed
What does the 2nd test of vicarious liability mean?
Vicarious liability exists for employees but not for independent contractors
What tests were initially use to see if the worker concerned was an employee or contractor?
Control tests and then integration test
Because the previous tests were inadequate in determining whether the worker concerned had employee status, what 3 multiple sub-tests are now used?
- Control
- Personal performance
- Mutual obligation
What does the control sub-test mean for the 2nd test?
Is the employer to some degree in charge of the worker and the work they are carrying out?
What does the personal performance sub-test mean for the 2nd test?
Is the individual concerned expected to do the job himself or can he delegate it to someone else?
Case for personal performance sub-test.
Echo and Express Publication v Tanton (1999)
Facts of Echo and Express Publication.
CoA said a van driver who was able to employ someone else to do his job if he was unavailable, was a contractor
What does the mutual obligation sub-test mean for the 2nd test?
Does the employer have a legal obligation to the worker and the worker have an obligation (duty) to work for certain hours?
Case for mutual obligation sub-test.
Carmichael v National Power (1999)
Facts of Carmichael v National Power (1999).
Worker, a tour guide at a power station, who the company contacted when they wanted her services, she could turn down the work if she wished.
Deemed a contractor
What sub-test, which is not official for the 2nd test, might be considerd?
What the contract says
What are the courts aware of the unofficial sub-test of what the contract says?
The contract might endeavour to make employees look like contractors when this does not affect reality
Case for unofficial sub-test of 2nd test.
Autoclenz Ltd v Belcher (1999)
Facts of Autoclenz Ltd v Belcher (1999).
Valeters for a car cleaning business with contractors saying they could work irregular hours and send substitutes.
In reality, though, they were treated as employers not contractors.
For the 2nd test, what case does a good example of the multiple approach come from?
Ready Mix Concrete v Minister of Pensions (1968)
3rd test for vicarious liability.
The tort occurred during the course of his employment
