vic lia Flashcards
when does Vicarious liability arise
when an employer is liable for the torts and sometimes crimes of their employees as first defined by Salmond in 1907 and recently developed from lister v hesley Hall to Barclays v various claimants
what are the two rules
traditonally the two rules were that TF must have been an employee and their tort/crime must have happened during the course of employment firsts used in JGE v Trustees of Portsmouth Catholic trust. This since been developed so TF must at least be in a position akin to employment and there must be a close and sufficient connection between TF’s wrong doing and their employment.
in what case did lord phillips stated the 5 criteria
in various claimants v catholic child welfare society CCWS lord phillips stated 5 criteria which can make it fair just and reasonable to find a relationship akin to employment:
1 if the employer is more likely than the employee to compensate the victim and can be expected to have insurance. 2 the employee was under the control of the employer. 3 the employees activity was part of the employers business activity. 4 the activity was undertaken on the employers behalf and 5 the risk was created by the employer by employing the employee to carry out the activity.
what case subsequently confirmed the lord phillips 5 criteria
Cox v ministry of justice, armes v notts cc and barclays v various claimants
what is the second rule
there must a be close and sufficient connection between the employees wrongdoing and the nature of their employment
what two will the court ask when determining liability under the principle of justice
what was the field of activities entrusted by the employer to relevant people ie what is the nature of his job and was there a sufficient connection between the position in which he was employed and his wrongful conduct to make it right for the employer to be held liable under the principle of social justice?
what case was the principle of justice test established
in lister v hesley hall and subsquently confirmed in various Claimants v CCWS, Armes v Notts CC, Mohamud v morrsions, Braclays v various claimants and morrisons v various claimants
the principle of social just justice test can be applied
to the torts or international torts crimes of an employee
what case law may be considered when the employee has committed a tort
under the salmond course of employment test may be considered
the employer will vicariously liable for
an authorised act as in poland v parr and even an unauthorised act either if the if the employer benefits from the tort rose v plenty or if the employee is doing their job limpus v london genral omnibus
can the employer be liable for purely careless acts when doing their job
yes the employer can even be vicariously liable fore purely careless acts when the employee is doing their job century insurance v Northern ireland transport
when might the employer not be vicariously liable
where the employee goes beyond the scope of their employment for example with an unauthorised act did not benefit the employer twine v Beans Express, Beard v london general omnibus or where the employee is on a frolic of their own by doing something outside of the time or area of their work Hilton v Thomas Burton
