Tort: Vicarious Liabillity

Question 1

3 tests

Answer 1

Where they an employee
Course of employment
Close connection

Question 2

Employee? 3 tests

Answer 2

Control test
Integration test
Economic reality

Question 3

Control test case and description

Answer 3

Employer has control over what and how D does

Mersey Docks and Harbour board V Grifths and Coggins

Hawley V Luminar Leisure ltd

Question 4

MDHB V GC

Answer 4

Crane driver hired out and injured a passer by

Employer liable due to equipment hired also

Question 5

H V LL

Answer 5

Bouncer hired out to nightclub and assaults customer

Hirer liable as only person was hired out

Question 6

Integration test case and description

Answer 6

Workers work must be fully integrated into the business

Stevenson Jordon and Harrison V McDonald and Evens

Question 7

When does integration not apply

Answer 7

When worker is only an accessory

Question 8

Economic Reality Test case

Answer 8

Various factors indicate employment status

Ready mixed concrete v MPNI (minister of pensions)

Question 9

Economic reality test factors

Answer 9

Worker under employee control
Worker paid wage agreed with employer
Worker is provided uniform
Worker is provided equipment
Worker pays for their own material

Question 10

Course of employment definition

Answer 10

Employee commits fort while under course of employment

Course of employment is unspecific

Question 11

Acting against orders

Answer 11

Employee doing their job is acting against orders means employer is liable for damage.

Question 12

Rose v Plenty

Answer 12

Children used to help transport milk for milk ant after being told not to. Child was injured and company was guilty

Question 13

Unauthorised lifts

Answer 13

If employer gives an unauthorised lift they are liable

Question 14

Twine v Beans express

Answer 14

C’s husband killed through negligence of driver who had been forbidden from giving lifts

Employers not liable as employer gained no benefit from it

Question 15

Acting outside employment

Answer 15

If employee causes injury by doing something outside employment employer is not liable

Question 16

Beard v London General Omnibus

Answer 16

Bus conductor driver bus without permission of employer. D injure C

Question 17

Close connection - employee commits criminal act

Answer 17

If employees act is criminal the employer is only liable if the connection between job and crime are close.

Mohammud V Morrison’s supermarkets

Question 18

Mohamed V Morrison’s Supermarkets

Answer 18

Man employed at petrol station assaults customer causing serious injury

Employee acting within field of employment within working hours close connection established and employer liable

Question 19

Relationship doesn’t have to be typical employ(ee)/(er) relationship

Answer 19

Cox v Ministry of Justice

C employer by prison to work in kitchen. Prisoner negligently injured her with a bag of rice.

Relationship was simillar to employee/er relationship so employer benefiting and is liable