Tort - Vicarious Liability

Question 1

Reasons for vicarious liability

Answer 1

Employer in better position to compensate victim
Compulsory insurance
Employer exercises control over employees
Employer obtains benefit, should take burden
Encourages better training, supervision and control of employees

Question 2

Elements of Vicarious liability

Answer 2

Tort committed by another
Employment relationship
In course of employment

Question 3

Control test

Answer 3

Yewens v Noakes

Question 4

Organisation test

Answer 4

Stevenson v MacDonald

Question 5

Economic reality test

Answer 5

Ready Mixed Concrete - remuneration, control, provisions of contract

Question 6

Warner Holidays

Answer 6

control, provision of tools, salary, tax, sick pay, control over hours, right to do other work (Argent), mutuality of obligations (O’Kelly)

Question 7

Massey

Answer 7

Description of relationship is evidential, not conclusive

Question 8

Generally employer remains liable for employee lent to another

Answer 8

Mersey Docks

Question 9

Possible for both employers to be vicariously liable for the same employee if both entitled and obliged to control the employee’s actions

Answer 9

Viasystems

Question 10

Course of Employment

Answer 10

Winfield:

• expressly or impliedly authorised
• unauthorised manner of doing something authorised
• necessarily incidental to work employee is employed to do

Question 11

bus driver racing = in course of employment

Answer 11

Limpus v London General Omnibus

Question 12

train porter pulled passenger off train = in course of employment

Answer 12

Bayley v Manchester Railway

Question 13

Frolic of his own

Answer 13

Joel v Morrison

Question 14

bus conductor drove bus - frolic

Answer 14

Beard v London General Omnibus

Question 15

Bouncer hit plaintiff twice - once inside club (vicariously liable) and once outside club (not vicariously liable)

Answer 15

Daniel v Whetstone

Question 16

conductor hit passenger - frolic

Answer 16

Keppel Bus v Saab Bin Ahmed

Question 17

express prohibition of hitch-hiker - frolic

Answer 17

Twine v Bean

Question 18

express prohibition of giving lifts - frolic

Answer 18

Conway v George Wimpey

Question 19

express prohibition of driving others - not a frolic as done for benefit of business

Answer 19

Rose v Plenty

Question 20

Detour to visit relative = frolic

Answer 20

Storey v Ashton

Question 21

In office hours, paid travel expenses - in course of employment

Answer 21

Smith v Stages

Question 22

presumption that criminal activity is outside the course of employment (rebuttable)

Answer 22

Warren v Henley

Question 23

PO not liable for postman writing race hate on letters

Answer 23

Irving v Post Office

Question 24

Tort was the culminating event of an incident which started in the course of employment

Answer 24

Mattis v Pollock

Question 25

Look at relative closeness of connection between the tort and the nature of employment

Answer 25

Lister v Hesley Hall

Question 26

Church not vicariously liable as no connection between tort and employment

Answer 26

MAGA v Birmingham Archdiocese

Question 27

Independent Contracts generally responsible for their own actions

Answer 27

Rowe v Herman

Question 28

Vicarious liability where defendant authorises torts of a contractor

Answer 28

Ellis v Sheffield Gas

Question 29

Vicarious liability where defendant is negligent in hiring contractor/giving instructions etc

Answer 29

Pinn v Rew