Vicarious Liability Flashcards
Definition
Person or organisation is legally responsible for a tort they did not commit due to their relationship with tortfeaser
Who is tortfeaser
Person who commits tort
Who is defendant
Person legally responsible for tortfeaser’s actions
Process of finding liable
Tortfeaser was employed by D
Tort was commuted while tortfeaser was in course of employment
Test to see if the relationship is akin to employer/employee
Multiple tests from Ready Mixed Concrete v Min of Pensions
- worker must agree to provide work in return for regular wage
- worker accepts he will be under control of company
- all other contract terms consistent with worker being regarded as employee (uniform, training etc)
Mersey Docks and Harbour v Coggins and Griffiths
Presumption permanent employer will remain liable unless contrary can be proved ‘control test’
- previous employer liable
Harley v Luminar Leisure Ltd
New employer liable when employer has leant employee to another employer
Barclays Bank v Various claimants
Where it is clear someone is carrying out their own business, they are an independent contractor
Where not clear, ask if fair, just and reasonable to make D liable
Cox v Ministry of justice
A relationship other than employment can give rise to vicarious liability where
1. Harm is wrongfully done by an individual who carried out activities as an integral part of D’s business rather than benefit of someone else
2. Risk of harm was created by D giving individual those activities
(Voluntary work, etc)
Being on course of employment can mean
A wrongful act authorised by the employer
A wrongful act unauthorised but the act was so closely connected to the work authorised by the employer
Morrison’s v Various
Test if in course of employment: look at if acting for personal reasons or reason connected to job/business
Mohamud v Morrison’s supermarket
Criminal act:
- close connection between crime and job
- not acting for personal reasons
N v CC of Merseyside
Criminal act:
For personal reasons
Twine v Beans Express
Non criminal act:
- personal reasons
Rose v Plenty
Non criminal act:
Work related
