Vicarious Liability

Question 1

What are the A01 headings to remember?

Answer 1

• Nature and purpose of VL
• Liability for employees (testing)
• Can more than one employer be VL?
• Acting in course of employment
• Liability for independent contractors

Question 2

What is vicarious liability?

Answer 2

Is where a third person, usually an employer, has legal responsibilities for the unlawful actions of another, usually the actions of an employee, acting in their course of their employment.

Question 3

What are reasons for vicarious liability being justified?

Answer 3

• The employee was carrying out the employer’s instructions
• Employers are responsible for hiring, firing and disciplining their staff
• Employers are responsible for making sure staff are properly trained
• Employers are in better financial position to compensate claimant

Question 4

What are tests for vicarious liability?

Answer 4

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

Question 5

What is the control test?

Answer 5

In Yewens and Noakes (1880) the test relates to how much control the ‘master’ had over his employee.
-Very impossible to apply today.

Question 6

What case later developed the control test?

Answer 6

Hawley v Luminar Leisure (2006)

Question 7

What is the integration or organisation test?

Answer 7

Unless a worker is fully integrated into the business then they are not employees. Made by Lord Denning.

Question 8

What case was the economic reality or multiple test established?

Answer 8

Ready Mixed Concrete Ltd v Minister of Pensions and National Insurance (1968)

Question 9

What is the economic reality or multiple test?

Answer 9

Test uses various factors to determine employment e.g:

• The ownership of any tools, plant or equipment
• Method of payment (employee usually receives regular wage)
• Any independence in doing job

Question 10

What are the recent developments of VL?

Answer 10

A number of cases have reached the appeals courts in recent years regarding claims of historic abuse.
-Found many cases showed employment was not necessary, close relationship is.

Question 11

What cases involve claims of historic abuse?

Answer 11

• McE v De La Salle Brothers (2007)

- E v English Province of Our Lady of Charity (2012)

Question 12

What case created the question of can more than one employer be vicariously liable?

Answer 12

Viasystems Ltd v Thermal Transfer Ltd (2005) - Dual VL

Question 13

What is dual vicarious liability?

Answer 13

Both employers are liable.

-The responsibility of each employer for purpose of contribution must be equal 50/50 to claimant.

Question 14

What are the 5 actions/factors whilst in the course of employment?

Answer 14

• Acting against orders
• Acting outside employment
• Employee committing a criminal act
• Employee committing a negligent act
• Employee acting on a ‘frolic’ of their own

Question 15

Acting against orders liability?

Answer 15

If the employee is doing this, the employer can still be liable.
-Rose v Plenty 1976 (milkman has boy, then injured, help - dairy was benefiting from work)

Question 16

Acting outside employment liability?

Answer 16

If injury is caused by the employee doing something outside of his employment, then the employer is not liable.

Question 17

Employee committing a criminal act liability?

Answer 17

Employer may be liable if the act has a close enough connection to what the employee has been employed to do.
-N v Chief Constable of Merseyside Police 2006 (Used uniform to take advantage)

Question 18

Employee committing a negligent act liability?

Answer 18

Employer can be liable for the actions.

Question 19

Employee acting on a ‘frolic’ of their own liability?

Answer 19

Done outside the area or time of the work, the employer is not liable. But if done acting in course of employment then they are liable.

Question 20

Liability for independant contractors?

Answer 20

An independent contractor is liable for their own actions, therefore it is important to have their own liability insurance cover.

Question 21

What is the main remedy of VL?

Answer 21

Compensation