vicarious liability Flashcards
control test
Yewens v Noakes
employer had control over employees
borrowed workers
**Mersey Docks v Coggins & Griffiths
if a worker & equipment are hired out, original employer is liable, however, if only a worker is hired, the hirer is liable
club bouncer assaulting customers
Hawley v Luminar Leisure
club employed him as they exercised so much control over how he does his work
integration test
Stevenson Jordan & Harrison v McDonald & Evans
a worker is an employee if his work is fully integrated in the business and he is not only an accessory
economic reality test
Ready Mixed Concrete v MPNI
look at various factors which indicate employment or self-employment
independent contractors
Barclays Bank v Various Claimants
independent contractors are self employed and therefore legally responsible for their own actions
child milkmen
Rose v Plenty
Acting against orders
employer will be liable if they benefit from the work of the employee
smoking near a petrol station
Century Insurance v Northern Ireland Transport Board
Employee committing a negligent act
employer can be liable if an employer does a job badly
apply to the reasonable man
unauthorised break
Hilton v Thomas Burton
Frolic of their own
if an employee does something outside their area of work or time of work, the employer will not be liable
travel time
Smith v Stages
Frolic of their own
driving back to their place of work, employer was liable as as he was acting in the course of their employment
forbidden to give lifts
Twine v Bean Express
Frolic of their own
unauthorised act & the employers did not benefit from this
bus conductor driving the bus
Beard v London General Omnibus
Frolic of their own
outside the course of employment, without permission from the employer
police using uniform to gain trust
N v Chief Constable of Merseyside Police
it will not necessarily give rise to vicarious liability if the officer commits a crime, it can be used for frolic
warden of school convicted of SA
Lister v Helsey Hall
courts held their was a close connection between his job and the crime he committed, therefore the employer was vicariously liable
petrol station worker, assaulting a customer
Mohamud v Morrissons Supermarket
there was a close connection between the job and the crime committed
writhing working hours
