Tort - Vicarious Liability Flashcards
What is the first step in vicarious liability?
Firstly the defendant must have committed a Tort. Duty Breach Causation
What is the second step in vicarious liability?
Secondly the defendant must have an employee status. An employee (Liable) an independent contractor (Not liable).
What is the last step in Vicarious Liability?
The employee must have committed the tort during the course of employment.
What is the multiple test?
An approach whereby the court considers factors such as salary, contract, income tax to decide whether someone is an employee or an independent contractor.
What are the three ways of identifying an employee?
Control - In charge of the worker and the work being carried out
Worker gives personal performance - Cannot delegate work to other workers
Mutuality of obligation - The employer and the worker each have an obligation to each other in respect of a contract of employment.
What is the control test?
Where an employer is not only told what to do but how to do it. (Walker v Crystal Palace Football Club 1909)
What is the Integration test?
An employee is a worker who is closely involved with the main business of the employer.
What does vicarious liability not cover?
RTAs - Jorneys to and from work not covered but any journeys in between are.
Deviation from set route - ‘Frolic of their own’ An unauthorised act on the part of the employee which is separate from his duties for which the employer is not liable for (Storey v Ashton 1869)
Frolic of their own
Storey V Ashton
An employer is liable if the employee gives a lift to someone while carrying out their duties, and the passenger helps carry out those duties
Rose V Plenty
An employer is not liable for giving lifts to someone if it is forbidden to do so
Conway v Wimpey
An employer is vicariously liable for criminal offences if they are closely connected to what they have been employed to do
Lister v Halsey hall
The employer is not liable if there is no connection between the assault and what they have been contracted to do
N v Chief Counstabe for Merseyside police
