Vicarious Liability Flashcards
What is meant by vicarious liability and who does this usually apply to?
A person can be held liable for the torts committed by another, usually involves an employer and employee
Who is an employer?
Person who can hire and fire people, if an employee has been loaned to a third party then it is assumed the original employer is liable
What case shows an employer?
Mersey Docks v Coggins
What case gives us the test for an employee?
Ready Mix Concrete v MPNI
What is the test for an employee?
Multiple test, person agrees to work for pay, agrees to be subject to the employers control, other terms are consistent with contract of service (e.g. tools, premise and materials paid for or provided)
What case shows the employer is liable if the employee adopts an improper method of doing their duties?
Limpus v London General Omnibus
What case shows the employer is liable for an authorized act done carelessly?
Century Insurance Northern Road Transport
When will an employer be liable for an intentional wrong act done by the employee?
When there is a ‘close connection’ between the act and the employment
What case showed the employer as liable for an intentional wrongful act?
Lister v Hesley Hall Ltd.
What is meant by going on a frolic?
Employer isn’t liable if the employee does something they have not been employed to do
What case showed the employer wasn’t liable for something done by the employee which they had not been employed for?
Beard v London General Omnibus Corp.
True or false, an employer will be liable for an act done whilst travelling to or from work
False, the employee will not be acting in the course of their employment
When can an employer seek reimbursement from an employee?
An employer can seek contributions to the sum, however is only generally exercised where the behaviour is grossly or willfully negligent
What act determines reimbursement by an employee?
Civil Liability (Contribution) Act 1978
