Vicarious Liability Flashcards
What is Vicarious Liability?
Where a third party has legal responsibility for the unlawful actions of another
What are the different roles in VL?
Tortfeasor : person committed tort
Claimant : person affected by tort
Defendant : usually person responsible for the tortfeasor
What is Part 1 of VL?
The Salmond Test
What is the first rule of the Salmond test?
Control Test (established in Yewens v Noakes)
= Employer has control over actions of employee
-Power to select employee
-Controlling the method of working
-Right to suspend or dismiss
-Payment of wages
Case : Mersey Docks & Harbour Board v Coggins and Griffith (Liverpool) ltd
-if equipment and worker hired employer is liable
-if worker employed then hirer is liable
Case : Hawley v Luminar Leisure ltd
-club liable as they controlled his work
What is the second rule under the Salmond test?
Integration Test (established in Stevenson Jordan and Harrison Ltd v McDonald and Evans)
-Worker will be employee if they are fully integrated into business)
-Otherwise will be an accessory
What is the third rule of the Salmond test?
Economic Reality Test (established in Ready Mixed Concrete (South East) ltd v MPNI
=Self employment or employment?
-Ownership of equipment
-Method of payment
-Tax, national insurance, pension
-How they describe the self
-Independance/flexibility
What are Independent Contractors under VL?
-Self employed and legally responsible for their own actions
Case : Barclays Bank v Various Claimants - 2017 Coa held that deemed akin to employment, close connection
2020 SC held that Barclays may use IC defence and weren’t liable.
What is the second part to the Salmond test?
Course of employment
What is section A of Course of Employment?
Acting Against Orders - employer will still be liable if they benefit from going against orders
Case : Rose v Plenty (liable as milkman benefited)
What is section B of course of employment?
Employee Committing a Negligent Act - if job is done badly employer may be liable
-Reasonable man must be applied
Case : Century Insurance v Northern Ireland Road Transport Board (employer liable to pay compensation)
What is part C of course of employment?
Frolic of their own - does something outside of their area of work then employer will NOT be liable.
Case : Hilton v Thomas Burton LTD (employer not liable as it was outside of work)
Case : Smith v Stages (liable as it was during course of employment)
Case : Twine v Beans Express (not liable as no benefit)
Case : Beard v London General Omnibus co (not liable as conductor did something outside of work)
What is held under Intentional Torts?
Courts must establish if the crime was closely connected to what they were employed to do
1. By employee
2. During Course of Employment
3. Closely connected to job
Case : Lister v Hensley Hall (close connection as it occurred on school premises)
Case : Mohamud v Morrisons Supermarkets (close connection as it was during course of employment)
What is akin to employment?
Courts must establish if it is fair just and reasonable to find a relationship akin to employment.
Established in case of Catholic Child Welfare Society
1. D more likely to have more resources to compensate
2. Tort done on D’s behalf
3. Tortfeasor apart of D’s business activities
4. Created risk of tort by employing primary tortfeasor
5. D is likely to have some control over the primary tortfeasor
Case : Christian Brothers case (VL for acts committed by teacher)
