vicarious Flashcards
what does vicarious liability do
place’s liability on the employer for the tortious acts or omissions of the employee known as TF
viasystems v thermal transfer
there may be 2 defendants in some situations
what must vicarious be proven with case
that c suffered loss or injury as a result of a tort or crime
Mohamed v morrisons
does the TF need a relationship with the D
Yes
barclays bank plc v vc
an independent contractor will not be considered an employee
the multiple test case
ready mixed concrete v minister of pensions
if independent contractors will the employee be liable
no
express v echo publications v taunton
the multiple test considers the control the employee has over the TF
carmichael v nation power
mutuality of obligations if D is obliged to pay tf and if tf is obliged to carry out the work
what are the additional factors courts consider
pay premises and equipment
what is the alternative to the multiple test
relationship akin to employment
Christian brothers COX V MOJ
relationship akin to employment is sufficient when there isn’t a traditional relationship
how can rate be established
the tort was committed as a result of TF role and that was apart the employers business
for rate is should be established that
D has created risk using TF role and TF was under control of the D
what must it be proven to determine the tort was committed within the course of employment
the tort was connected to the Tf carrying or their role
what test is used to establish if the tort is an authorised wrongful act or if it’s an authorised act done in a wrong way
plus case where this was done
salmond test
Century insurance v NI Road transportation board
if it is a authorised wrongful act or an authorised act done in the wrong way then it will be …
sufficient within the course of employment
if not an authorised act it will be considered… with case
a frolic of their own
Hilton v Thomas Burton
rose v plenty
not a frolic of own if it benefits the employer
when is the salmond test nor sufficent
when the tf is in a role akin to employment
what will be used when the salmond test isn’t
lister test from lister v leslie hall
as confirmed in Aluminium v Salaam and morrisons v vc
what do courts look at lister test
whether the acts of the employee are so closely connected with the role that it’s fair and just to hold an employer liable
