Vicarious Liability

Question 1

What is the test in the modern day for vicarious liability?

Answer 1

Not a specific test but courts will examine concrete, tangible factors such as financial risk, degree of responsibility etc

Question 2

What is vicarious liability?

Answer 2

Blameless employer is liable for a wrong committed by the employee in the course of employment

Question 3

Barclays bank v Various Claimants (2018)

Answer 3

The tort must have been committed whilst acting in the course of employment.

Question 4

What is the economic reality test?

Answer 4

regardless of how the parties have classified their relationship, courts examine the reality of working relationships; even written terms in contract are not conclusive

Question 5

Viasystems Ltd v Thermal Transfer Ltd(2005)

Answer 5

Dual vicarious liability is possible

Question 6

Lister v Hesley Hall Ltd (2001)

Answer 6

Claimants attended boys school and were sexually abused. HoL held that test is whether wrongdoing is so closely connected with what the employee was employed to do that it would be fair and just to held them liable

Question 7

Mohamud v WM Morrison Supermarkets [2016]

Answer 7

Confirmed Lister