Vicarious Liability

Question 1

What are employers vicariously liable for?

Answer 1

The torts of their employees that are committed during the course of employment.

Question 2

Reasons for Employers being vicariously liable for employees.

Answer 2

1: More likely to be insured and able to compensate victim.
2: Tort would have been committed due to activity performed on behalf of employer
3: Employer creates risk of tort by employing
4: Employee under control of employer

Question 3

Questions to be asked in order to establish liability 1

Answer 3

Was a tort committed?
Was the tortfeasor an employee?
Was employee acting in the course of employment when tort was committed?

Question 4

Qu

Answer 4

W

Question 5

ty 3

Answer 5

ed?

Question 6

Can a contractor be an employee? Cov v Ministry of Justice

Answer 6

‘a relationship other than one of employment is capable of giving rise to vicarious liability’

Question 7

Requirements for employer to be vicariously liable for contractor? 1

Answer 7

Harm wrongfully done by individual
Who carries out activities as an integral part of the business activities for a defendant and for its benefit.
Wrongful act is a risk created by the defendant by assigning those activities to the individual in question

Question 8

R

Answer 8

W

Question 9

R

Answer 9

A

Question 10

When is an employer liable for torts committed by an employee?

Answer 10

When it is committed in the course of employment.

Question 11

What will an employer usually be liable for?

Answer 11

wrongful acts actually authorised by employer, and,

acts which are wrongful ways of doing something authorised by employer.

Question 12

What does the close connection test examine?

Answer 12

Examines the closeness of the connection between the work the employee was employed to do and the tortious conduct

Question 13

Close connection test 1 :

Answer 13

What field of activities have been entrusted by the employer to the employee.

Question 14

Close connection test 2 :

Answer 14

Sufficient connection between the position in which the employee was employed and the wrongful conduct, to make it right that the employer is held liable? Mohamud v Morrison

Question 15

What is it called when a defendant is held to be acting out of the course of employment?

Answer 15

Described to be ‘on a frolic of their own’.

Question 16

Deduction of wages

Answer 16

If the Employer is found vicariously liable, through the Civil Liability Act 1978, the employer can recover any compensation paid out from the employee by, e.g. deduction of wages.

Question 17

Does the employer have to have fault?

Answer 17

No, fault is needed by employer. Could be said that employer is at fault for not providing adequate training.

Question 18

Cox v Ministry of Justice

Answer 18

Worked in prison and injured by negligence of prisoner ‘working’ in kitchen. Decided he was employer

Question 19

Mohamud v Morrison

Answer 19

Assaulted by member of staff. Was acting in course of employment,