Vicarious Liability Flashcards
List the 3 tests used to determine employment status. Give cases as to where they were used.
1) . Control test (Mersey Docks v. Coggin)
2) . Integration test (Stevenson v. McDonald and Evans)
3) . Economic reality test (Ready Mixed Concrete)
Can responsibility over employees be handed down when on loan? Give a case as well.
Yes. As seen in Mersey Docks v. Coggin.
List the 4 categories in which employees will be liable for actions committed in the course of employment as part of the Salmond test.
1) . Authorised Act in an careless way (Century Insurance v. NI Road Traffic
2) . Authorised Act in an unauthorised way (Limpus v. London Omnibus)
3) . Allows the employee to do an unlawful act
4) . Prohibited act for the benefit of the employer (Rose v. Plenty).
Define ‘frolic of their own’.
Acts not directly intertwined with the course of employment.
Give an example of ‘frolic of their own’.
- Morrisons v. Various Claimants (2020)
- Hilton v. Thomas Burton.
- Heasmans v. Clarity Cleaning
What is employer’s indemnity?
An employer can sue their employees to regain some of the damages.
When was employer’s indemnity used?
Lister v. Romford Ice.
Will employers be liable for the torts of independent contractors? Give a case to support this.
No, so long as they have fulfilled the requirement in Occupiers’ Liability. (Alcock v. Wraith)
Who usually retains responsibility over an employee when they are on loan?
The original employer.
What is ‘akin to employment?’
Whereby an IC is employed on terms similar to that of an employee, he is regarded as such for the purposes of the tort.
What is the 5 part test established in Various Claimants v. Catholic Child’s Welfare Society that measures akin to employment?
1) The employer can be expected to have the means to compensate on behalf of the employee as they are expected to have insurance.
2) Torts have been committed as a result of the activity being taken by the employee on behalf of the employer.
3) Likely to be part of the business activity of the employer.
4) The employer will have created the risk of the tort being committed by employing the employee.
5) The employee will have essentially been under the control of the employer.
Which Act covers employer’s indemnity?
The Civil Liability (Contract) Act 1978.
