Vicarious Liability Flashcards
Definition
A third person has legal responsibility of unlawful acts of another
courts must ask two questions
1. was the person who committed the tort employed by the defendant
2. was the tort committed ninth course of the employment
Employment
Control Test: who has control over the work carried out. if employer decides how and when work is done its most likley an employee (Hawley v Luminar)
Integration Test: Lord denning established this. A worker will be employed if fully integrated into the buisness. Not an accessory.
Multiple Test: look at any elements that may indicate employability or independant contractor status (ready mixed concrete) elements of an employee are wage, tax paid, uniform.
Elements of an independant contractor may be ability to hire own employees, own tools and materials, pay own tax.
Sometimes employee maybe on a loan if they commit a tort whilst on loan it falls on the responsibility of the first employer (Merseyside Docks v Coggins)
Relationship test
when it is not obvious following the tests whether a person is an employee or not, a judge will look at recent case law and consider whether there was a relationship akin to employment (JGE v Portsmouth RC Trust)
Restated test
(Mohamud v Morrison)
1. what was the nature of their job
2. was there a connection between the position he held and the tort committed to make it right for employer to be liable
more than one employer can be liable (Viasystems v Thermal Transfer)
Was the tort committed in course of employment
liability
No definitive test
may be liable even if employee acts against orders if still doing job (Limpus v Lodon General) (Rose v Plenty)
Commits a crime then employer may be liable to victim if close connection between crime and work (Lister v Hesley Hall) (Mattis v Pollock)
Doing a job badly the employer can be libale if injury occurs (Century Insurance)
Paid on a frolic then may still be liable (Smith v Stages)
Was the tort committed in course of employment
No liability
unauthorised lifts (Twine v Beans Express)
causes injury outside of employment (Beard v London Omnibus)
Injury or damage to another outside area or time of their work (Hilton v Thomas Burton)
Compensation
To the injured person. Civil Liabilities Act 1987 employer can recover any compensation paid out from employer to by deducting from employees wages.
Independant contractors
legally responsible for own actions. sued by victim. have own liability insurance cover and has limited employment rights
