Vicarious liability Flashcards
What’s the definition of vicarious liability ?
Holding the person who didn’t commit the tort liable
Why would someone hold the person who didn’t commit the tort liable ?
Because of the idea that an employer is responsible for the actions of their employees whilst carrying out work
What are the requirements for a vicarious liability claim ?
Was the person who committed this tort an employee?
Did the employee commit the tort during the course of their employment ?
What is the case used for the first requirement of vicarious liability ?
Barclays Bank plc v various claimants (2020)
What happened in Barclays Bank plc v various claimants (2020) ?
A doctor was accused of sexually assaulting employees, they argued Barclays was responsible however their claim failed as the bank argued he wasn’t a full Employee rather an independent contractor
What 5 criteria were established in the case of Catholic Child welfare society v various claimants (2012) ?
The employer is more likely to compensate the victim
Tort committed by employee on employers behalf
Activities were part of some of the employers business activity
Employer created risk of employee committing tort
The employee will have been under the control of the employer
What classes as an employee committing a negligent act ?
If the employee does a job badly, it is questioned of weather the employer Is liable
What case is used for an employee committing a negligent act ?
Century insurance co ltd v Northern Ireland road transport board (1942)
