Vicarious Liability Flashcards
Control Test
- Established in Yemen v Noakes.
- Old Test, Barely relevant in the modern world.
- Power to Select the Servant, the right to control the method of working, the right to suspend and dismiss, and the payment of wages.
The Integration Test
It provides that a worker will be an employee if:
his work is fully integrated into the business
IF a persons work is only accessory to the business, that person is not an employee
The Economic reality Test
Established in READY MIXED CONCRETE CASE
Takes a Holistic approach and tries to consider various factors which may indicate Employment including:
- Tools and Equipment - have there own tools usually self employed
- Payment - receive a regular wage instead of a lump sum
- Tax - employer will pay their national insurance and tax
- Independence - Being able to take work from other sources
Akin to Employment
Modern approach which doesn’t follow set criteria but rather asks the judge to be reasonable as we live in a modern era where the definition of employment is vague.
Will consider whether the activity was done to benefit the potential employer
Tort will have been committed as a result of activity taken by the employee on behalf of the employer
Employee can be liable even of they are acting against …..
ORDERS if the employee is doing his or her job
Established in Limbus v London General
Acting outside of Employment
If the employee causes injury by doing something outside his employment, the employer will be liable
Established in Beard v London General
Criminal Acts - Vicarious Liability
If the employee commits a crime during his work, the employer may be liable to the Victim of the crime if there is a close connection between the crime and what the employee was employed to do.
Negligent acts - Vicarious liability
If the employee does a job badly, the employer can be liable for his action which cause injury to another.
Established in Century Insurance v Northern Ireland
Frolic of their own Vicarious Liability
If the emoployee causes injury or damage to another while doing something, or at a time, outside the area or time of their work, the employer will not be liable. However, if the employee is being paid on their frolic the employer is liable
Established in Hilton v Thomas Burton
Who is the Tortfeasor
the person who commits the Tort (usually the employee)
Who is the claimant
The victim who suffers harm
Who is the defendant
The person who is liable for the tort (usually the employer)
