vicarious liability Flashcards
What is vicarious liability
Imposing a liability onto the employer for actions of an employee
What are the three tests for vicarious
Control test, integration test and economic reality test
What is the control test
Does the master have the right to control what the employee does and how they do it
What is the integration test
Is the employee fully integrated into the business and not just an accessory
What is the economic reality test
the employee agrees to work for a wage, The employee accepts the work is controlled by the employer, there is a consistent contract in place
What case is used for the control test and explain it
Yewens v Noakes
Was D controlled in exempting the premises from statutory tax duties, No
What case is used for the economic reality test and explain it
Ready mixed concrete
Did the drivers have to pay for insurance on vehicles hired from the company, Drivers found not to be employees
What is Hawley v Luminar leisure
Bouncer assaulted the victim. Nightclub had so much control over him they were liable
What is the one way an employee can act ITCOE
Acting against orders
What cases are used for acting against orders
Limpus, Rose v Plenty, Twine v Beans express
Explain Limpus
Employee was in a bus race, still doing his job
Explain Rose v Plenty
milkman used a boy to help on his rounds, boy got injured dairy responsible
Explain Twine v Beans Express
claimant husband killed when with a driver who wasnt allowed to drive, company was not liable
What case is used for acting OTCOE
Beard v london omnibus
Explain Beard v London omnibus
bus conductor drove when he shouldnt have, company not liable
