vicarious liability Flashcards
what is the intro to VL
VL is where a third party has legal responsibility for the unlawful actions of another - commonly seen in the workplace
what are the three tests for employment?
Control test
integration test
the economic reality test
what is the case that established the control test?
Yewens v Noakes
what is the case that established the integration test?
Stevenson Jordan and Harrison v McDonald and evans
what is the case that established the economic reality test?
Ready mixed concrete v MPNI
what are the tests for if something is in the course of employment?
where they on a frolic of their own?
was it a negligent act?
acting against orders?
define the frolic of their own test + case
if an employee does something outside of their area or time of work employer not liable
Hilton v Thomas Burton
Define the negligent act test + case
if RM would not have done the same then employer responsible
Century insurance v NIRTB
define the acting against orders test + case
employer liable if they benefit from actions of employees
Rose v Plenty
what do you do if they are not employed as decided by the salmond test?
establish if they are Akin to employment by the tests set out in the Christian brothers case
If not then they are an IC
if the person is Akin to employment what is the next test? + case
was the action closely connected to the employment? lister v hesley hall
If yes - VL
if no - no VL
if the salmond test is successful and a crime was committed what is the next test + case?
was the tort closely connected to the job + lister v hesley hall
what are the christian brothers case tests? or the Akin to employment tests
- D more likely to have the resources to compensate than T
- tort caused by activities done on Ds behalf
3.T is likely part of Ds business activities - D created the risk of the tort by employing T
5.D likely to have some control over T
What case said not all the Akin to employment tests had to be fulfilled?
Cox v ministry of justice
