Tort - Vicarious Liability

Question 1

Define

Answer 1

Where a third personal has legal responsibility for the unlawful actions of another

Question 2

Intro: Are they an employee? During course of employment? Case and two factors

Answer 2

Lister v Hesley Hall
- Akin to employment
- Closely connected

Question 3

Akin to employment: Case and criteria 1

Answer 3

Catholic Child Welfare Society case
1. Is D more likely to have means to compensate C and can be expected to have injured against liability?

Question 4

ATE: 4

Answer 4

4. D, by employing T will have created the rise of the tort being committed

Question 5

Closely connected: 1-5

Answer 5

1. Cox v Moj *ATE - prisoners
2. Limpus v London General - Working against orders
3. Rose v Plenty - D benefitting
4. Twine v Beans Express - Not benefitting
5. Beard v London General Omnibus - Not his job/role

Question 6

Closely connected: 6-10

Answer 6

6. N v CC Merseyside Police - Not working at time
7. Mohamud v Morrisons - Criminal
8. Century Insurance v Northern Ireland Road Transport Board - Negligent act/T still working
9. Hilton v Thomas Burton - Frolic of one’s own
10. Smith v Stages - Still working
11. Morrisons v Various Claimants - Not working despite criminal act

Question 7

Criteria 2

Answer 7

2. Tort will have been committed as a result of activity being taken by T on behalf of D

Question 8

Criteria 3

Answer 8

3. T’s activity likely to be part of business activity of D

Question 9

Criteria 5 and extra case

Answer 9

5. T, to some degree, would have been under control of D
   - Barclays Bank v Various Claimants