vicarious liability Flashcards
what is vicarious liability?
a strict liability imposed on an employer for a tort committed by an employee against a third party
what are the requirements?
must be a relationship of employer and employee
must be a tort committed in the course of their employment
what is the control test?
test to determine employee status
- looks at whether the employer had control over the person’s work, dictates when and how the task was completed
what is the integration test?
test to determine employee status
- looks at the extent that the wrongdoer is integrated into the business
- is the work being done an integral part of the business
what is the economic reality test?
test to determine employee status
- looks at how the arrangement operated from a business perspective
- do you use your own premises or equipment
- can you let others do your work
what is the salmond test?
used to establish whether the tort was committed in the course of employment
according to the salmond test when will an act be in the course of employment?
a wrongful act authorised by the employer
a wrongful and unauthorised mode of doing some act authorised by the employer
what is express prohibition?
the employer bans the employee from doing a job in a certain way
what is the closeness of connection test?
whether the employee’s act was so closely connected with what he was employed to do that it would be fair and just to hold the employer liable
