Vicarious Liability

Question 1

When does vicarious liability arise?

Answer 1

When one party is responsible for the torts of another

Question 2

What are the two questions used in order to prove vicarious liability?

Answer 2

1. Was the person who committed the tort employed by the defendant?
2. Was the tort committed in the course of that employment?

Question 3

Who are employers liable for?

Answer 3

Liable for employees

Not liable for independent contractors

Question 4

3 tests for employment

Answer 4

1. Control test
2. Integration test
3. Economic reality test

Question 5

Control test - employee

Answer 5

If the employer sets out how the work is to be done and when, then it is likely an employee

Question 6

Control test - contractor

Answer 6

If it is up to the person carrying out the work to determine how and when it should be done, it is likely a contractor

Question 7

Integration test - employee

Answer 7

A person employed to work on the till in a shop would usually be an employee

Question 8

Integration test - contractor

Answer 8

If the till was broken, the person called into fix it would probably be a contractor

Question 9

Integration test case

Answer 9

Uber v Aslam

Question 10

Economic reality test - employee

Answer 10

A contract of service is likely an employee

Question 11

Economic reality test - contractor

Answer 11

A contract for services is likely an independent contractor

Question 12

Economic reality test case

Answer 12

Ready mixed concrete v minister of pensions

Question 13

Things that indicate contractor

Answer 13

• ability to hire your own employees
• requirement to bring your own tools
• pay your own tax and national insurance

Question 14

What happens if an employee on loan commits a tort?

Answer 14

They usually remain the responsibility of the first employer

Question 15

Akin to employment case

Answer 15

Lister v Hesley Hall

Question 16

Akin to employment 5 part test

part 1

Answer 16

1. Employer is more likely to compensate the victim than the employee, as they can be expected to have insurance

Question 17

Akin to employment 5 part test

part 2

Answer 17

2. The tort will have been committed as a result of activity by the employee on behalf of the employer

Question 18

Akin to employment 5 part test

part 3

Answer 18

3. The employee’s activity is likely to be part of the business activity of the employer

Question 19

Akin to employment 5 part test

part 4

Answer 19

4. The employer, by employing the employee to carry on the activity will have created the risk of the tort committed by the employee

Question 20

Akin to employment 5 part test

part 5

Answer 20

5. The employee will have been under the control of the employer

Question 21

Akin to employment case (2)

Answer 21

Barclays Bank v Various Claimants

Question 22

Acts are done in the course of employment if they are:

Salmond test

Answer 22

A) wrongful acts actually authorised by the employer

B) wrongful and unauthorised ways of doing acts authorised by the employer

Question 23

Employer will be vicariously liable for the employee’s tort when (part 1)

Answer 23

Employee does an authorised act in a careless way

Question 24

Employer will be vicariously liable for the employee’s tort when (part 2)

Answer 24

When they have allowed the employee to do an unlawful act

Question 25

Employer will be vicariously liable for the employee’s tort when (part 3)

Answer 25

When the employee carries out an authorised act in an unauthorised way

Question 26

Employer will be vicariously liable for the employee’s tort when (part 4)

Answer 26

When the act has been expressly forbidden but it is for the benefit of the employer

Question 27

Authorised act in a careless way case

Answer 27

Century insurance v nirtb

Question 28

Employee carries out an authorised act in an unauthorised way case

Answer 28

Limpus v General London Omnibus

Question 29

Act has been expressly forbidden but it is for the benefit of the employer case

Answer 29

Rose v Plenty

Question 30

Frolic of their own case

Answer 30

Hilton v Thomas Burton

Question 31

What is employers indemnity?

Answer 31

Employer found vicariously liable may, in turn, sue their employee to recover some or all damages

Question 32

Employer’s indemnity case

Answer 32

Lister v Romford ice and cold storage

Question 33

Liability for independent contractors case

Answer 33

Alcock v Wraith

Question 34

Critical evaluation points

Answer 34

• too many tests
• a frolic of their own
• insurance
• higher standards of care
• intentional torts and crimes

Question 35

Case for too many tests

Answer 35

Ready mixed concrete v minister of pensions

Mersey docks v coggins

Question 36

A frolic of their own test

Answer 36

Rose v plenty

Question 37

Insurance case

Answer 37

Hilton v Thomas burton

Question 38

Higher standards of care case

Answer 38

Century insurance v nirtb

Question 39

Intentional torts and crimes case

Answer 39

Lister v hesley hall

Question 40

Insurance basics

Answer 40

Employer is better to compensate than employee

Question 41

Higher standards of care basics

Answer 41

Could encourage higher standards of care for the employer

Question 42

Intentional torts and crimes

Answer 42

Rare for employer to be held responsible for employee crimes but lister v hesley Hall was so serious…

Question 43

Too many tests basics

Answer 43

Too many tests could make it unfair but single test is restrictive

Question 44

Frolic of their own basics

Answer 44

Employer liable for employees doing their own thing in course of employment