Vicarious Liability

Question 1

what is vicarious liability

Answer 1

imposing liability for a tort onto a third party who did not commit it where that third party has legal responsibility for the unlawful actions of another

Question 2

what are the steps for tests for vicarious liability

Answer 2

1. was the tortfeasor an employee

2. did the employee commit the tort “during the course of their employment”

Question 3

what is the rule for was the tortfeasor an employee

Answer 3

if he is employee-employer vicariously liable

if independent contractor-not employee so should have own insurance

tests:

• control test
• integration or organisation test
• economic reality or multiple test