Vicarious Liability

Question 1

What is vicarious liability

Answer 1

Where liability for a tort is imposed on someone who didn’t commit the tort (usually an employer)

Question 2

2-stage criteria for VL?

Answer 2

1. Tortfeasor must be an employee

2. Tort must have occurred ITCOE

Question 3

3 Tests to determine if one is an employee?

Answer 3

Control Test
Integration Test
Economic Reality Test

Question 4

Control Test

Answer 4

Does employer what/how employee does something

Mersey Docks

Question 5

Economic Reality Test case

Answer 5

Ready Mixed Concrete

Question 6

3 stage Economic Reality Test

Answer 6

1. Employee must earn a wage
2. Employer must control employeees work
3. Must have contract of employment

Question 7

Can more than 1 employer be vicariously liable?

Answer 7

Yes

Question 8

Cases for committing tort ITCOE

Answer 8

Tower Boot & Limpus

Question 9

What acts can vicarious liability be imposed on?

Answer 9

Criminal & Negligent acts

Question 10

Can independant contractors be vicariously liable

Answer 10

Technically no, as self employed. HOWEVER, Barclays suggests they can be using the new akin to employment test.

Question 11

When will employee be vicariously liable for a criminal act by an employee?

Answer 11

When there is a close connection between employees work & crime (akin to employment test)

Question 12

When will an employer be vicariously liable for an employees negligent actions

Answer 12

If an employee carries out negligent work, causing injury or damage.

Question 13

Akin to employment 5 criteria;

Answer 13

1. Employer more likely to compensate V
2. Tort is committed as a result of employees activities at work
3. Employees activity is part of the business & his work
4. Employer understand risk of being liable for employee when he employs him
5. Employee is under employers control