Vicarious Liability Flashcards
What is vicarious liability?
When one person is held liable for the wrongdoing of another even though they themselves weren’t directly involved
e.g employer vicariously responsible for employee
What is the two stage test for vicarious liability?
- Were the defendant and the wrongdoer in a relationship in which the principles of vicarious liability would apply?
- Were the acts of the wrongdoer within the scope of that relationship?
What sort of relationship falls under vicarious liability?
Contract of employment
Contract to provide services
Mersey Docks v Coggins 1947
Harbour authority hire out crane to stevedores
Harbour authority loan crane driver to stevedores.
Harbour authority have told driver how to drive crane, but stevedores tell him what to pick up and set down.
Accident caused by bad driving.
Original employers (harbour authority) held liable. (common)
What is the reasoning behind the decision in Mersey Docks v Coggins ?
The harbour authority retained control how he drove and controlled the crane
They were also the ones who were paying the wages
So they are held liable.
Hawley v Luminar Leisure [2006]
Bouncer hired out to a nighclub
It was the nightclub who was held to be liable, control had shifted from the original employers
He was wearing the nightclub shirt and they were in charge of what he is doing
What is dual liability?
When two are held liable, both employer and employee
what is relationship “akin to employment”
a relationship that closely resembles employment but isn’t
Armes v Nottinghamshire CC [2017]
Foster child abused by foster parents
The court held that there was a significant control between local authority and the foster family
The family are doing the job as part of aid of working for the council
The council finds people to foster
Not employment but close enough so the vicarious liability applies
