Vicarious Liability

Question 1

What is meant by vicarious liability?

Answer 1

Where A is liable due to a tort committed by B, even though A is not personally at fault

Question 2

What 3 questions must be considered to determine whether an employer is vicariously liable for tortious acts by their employee?

Answer 2

1. Has a tort been committed?
2. By an employee?
3. Within the course of employment?

Question 3

Vicarious liability may arise for an employee’s torts committed against ________, fellow __________, and third parties with no __________ to the employer’s business

Answer 3

customers, employees, connection

Question 4

What 5 factors of the economic reality test are used to determine whether a person is an employee or an independent contractor?

(clue: think POCCC)

Answer 4

1. Personal service
2. Ownership of tools
3. Control
4. Chance of profit/risk of loss
5. Contractual provisions

Question 5

What type of acts are within the scope of employment for the purpose of vicarious liability?

Answer 5

Acts closely connected to the task the employee was employed to do

Question 6

An employee may remain in the course of employment even when they carry out the work they were authorised to do….

Answer 6

negligently

Question 7

Vicarious Liability can attach for an employee’s tort that was also a ________ ____ if it was ______ _________ to the employment

Answer 7

criminal act, closely connected

Question 8

Vicarious liability may also arise in that an employer is responsible for the torts of persons who are in a relationship ‘____’ to employment

Answer 8

akin

Question 9

What are 4 factors could a court look to determine that a relationship is ‘akin’ to employment to arise?

Answer 9

1. Tort was committed as a result of an activity undertaken by the tortfeasor on behalf of D;
2. Tortfeasor’s activity was an integral part of D’s business;
3. D, by engaging the tortfeasor to carry on the activity, created the risk of the tort
4. Close connection between the relationship of TF and D and the tort.

Question 10

A prohibition which limits the _____ of employment: an employee acting on this will likely be _________ the employee’s course of employment

A prohibition which limits the _______ of employment: an employee acting on this will likely be _______ the course of employment

Answer 10

scope, outside, manner, within

Question 11

An employer can be vicariously liable if an employee’s deviation from a route is _____, but is not liable if the deviation from a route is _______

Answer 11

minor, major

Question 12

Generally, is an employer vicariously liable for torts committed by independent contractors?

Answer 12

No

Question 13

An employer will be _________ liable for their own breach of duty if:
1. A duty given to the independent contract is ___-__________ or
2. The employer did not use __________ ____ in selecting the contractor

Answer 13

personally, non-delegable, reasonable care