Vicarious Liability

Question 1

What is vicarious liability ?

Answer 1

Vicarious liability is when a person will be liable for the torts of another

Question 2

What is a tortfeasor?

Answer 2

tHIS IS THE PERSON WHO HAS COMMITTED THE TORT ie the employee

Question 3

Who is the defendant ?

Answer 3

The defendant is the employee, the person who will be held liable for the actions of the employee

Question 4

What are the three steps to vicarious liability ?

Answer 4

1. Establish that the tortfeasor was an employe of the defendant
2. Establish that the Tortfeasor committed the tort eg T committed a potential … Negligence
3. /.

Question 5

Explain the tests under the first part of vicarious liability

Answer 5

• Control test - the more control d has over how the tortfeasor works the more likely the T is an employee

Question 6

Explain the second test that can be used to establish who the employee is

Question 7

What is the case that has established the control test ?

Answer 7

Yewen v Noakes- this is the idea that considers whether the employer has control the nature of work done

• Walker v Crystal palace football club - Established that a footballer is an employee

Question 8

What is the case that establishes that it is possible for more than on employer to be vicariously liable

Answer 8

Viasystems (Tyneside) Ltd v Thermal Transfer

Question 9

What is the second test that can be used to establish if a person is an employee ?

Answer 9

The organisational/; integral test

Question 10

Explain what the integral; test is

Answer 10

The integral test asks the question is the person an integral part of the business or an accessory
- This relies on the distinction between a contract of service and a contract for service

Question 11

What cases can be used to establish the integral test ?

Answer 11

Stevenson , Jordan and harrison ltd v Macdonald and evans

Question 12

Who mentioned that an employee is someone who is integral to the business ?

Answer 12

Lord denning

Question 13

What is the economic reality test and what are the three factors that may indicate employment ?

Answer 13

This is a modern test that considers many factors that has been established in the case of Ready Mixed Concreate ltd v minister of pensions and national insurance
- agree to a particular wage
- Controlled by the employer and agreed submission
- If the employer deducts tax and national insurance than the tortfeasor is a employee
-

Question 14

What case establishes three factors that can be used to indicate employment

Answer 14

• Ready Mixed Concreate ltd v Minister of pensions and national insurance

Question 15

What else does the third condition of the ready mixed concreate v minister of pensions and national insurance cover ?

Answer 15

• The method of payments
• Working hours
• The level of independence of the employee or the independent contractor
• The relative responsibility for providing equipment

Question 16

What case can demonstrate the economic reality test ?

Answer 16

• Express v echo v tanton

Question 17

Why are recent developments in case law significant to vicarious liability ?

Answer 17

Because - it develops ideas on who is an employee that is much more relevant to todays society for example the 2021 ber case established that uber drivers are employees of uber . Other examples include:

• Mohamud v wm morrison 2018 reinforced the idea of a relationship of akin which means close relationship between employment
• The catholic church child welfare society v various claimants fc 2012 reinforced the idea of a relationship of akin

Question 18

What is meant by the course of employment ?

Answer 18

This means that an employer may not be responsible/ liable for the torts caused by the employee, when the empoyee is going beyond the scope of employment

Question 19

What test can be used deciding if a tort has been committed by an employee during the course of employment?

Answer 19

The salmond test - this is the traditional test for deciding if a tort has been committed in the course of employment

Question 20

What are the elements of the salmond test ?

Answer 20

a tort is committed in the course of employment if it is an:

a) a wrongful act authorised by the master
b) a wrongful and unauthorised mode of doing an act by the master

Question 21

What is an authorised act ?

Answer 21

An authorised act is where the employer will be liable if the employee acts beyond the scope of employment

eg Beard v london online onmibus - there was no liability

Question 22

What case can be used as an example of an authorised act

Answer 22

Beard v London Onmibus ( no liability because employee went beyond the scope of employment

Question 23

What is an Authorised act in an unauthorised manner?

Answer 23

This is the idea that an employer is vicariously liable when the employee does in an authorised act in an unauthorised matter eg century insurance v northern ireland road transport

Question 24

When is the employer not vicariously liable regarding an authorised act done in an unauthorised act ?

Answer 24

When the employee is acting beyond the scope of his employment eg the case of iqbal v london transport executive

Question 25

What is meant by doing authorised work in a forbidden manner \?

Answer 25

This means that an employer may still be liable even if the act is done in a forbidden manner eg the case of lipus v London general omnibus - he was liable because he was acting in the scope of his employment

Question 26

What cases can be used for showing that an employer may still be liable for the an authorised act done in an unauthorised manner ?

Answer 26

Limpus v london general Omnibus - liability because employee was acting within there job role
- Rose v plenty

Question 27

What is meant by a folic of his own ?

Answer 27

This means that an employee will not be for the torts committed by an employee who is on a frolic of his won which means doing work that is not linked to his job role

Question 28

What is an example case for a frolic of his own ?

Answer 28

Storey v ashton - this is where the employer was not liable for the torts committed by his employee because he did something that was not business related.

Question 29

What is the salmond test ?

Answer 29

• this is a test that establishes if a tort was committed in the course of employment
  1. this asks the question, was the employer benefiting from the act ?
  2. is the act unlawful

Question 30

What does the case of Lister and others v hesley ltdf suggest ?

Answer 30

• The case of lister is the starting point for close connection between employment and actions of employees

Question 31

Is travelling to work considered to be in the course of employment

Answer 31

yes - when they are travelling between sites during work hours but if they de route then the employer will not be liable eg in conway v wimpey- no liability and smith v stages where there was liability

Question 32

What cases can be used when discussing travelling as in the course of employment?

Answer 32

• Comway v wimpey- No liability -

- Smith v stages - liability