Vicarious Liability

Question 1

Salmond test

Answer 1

An unintentional tort - just state it
Committed by an employee
In the course of employment

Question 2

Committed by an employee - three tests

Answer 2

Control test - Yewen
Integration test - difference between of and for service - SJH v ME
Economic reality test - Ready Mixed Concrete
shared employee - Viasystems Ltd

Question 3

In the course of employment - things that are considered in the course of employment

Answer 3

Authorised acts - Poland

Acts close to job description - Cattermoles Garage Ltd

Doing what told but in unauthorised manner - Limpus

Doing what told but in purely careless manner - Century Insurance

Doing something that benefits D - rose

Question 4

In the course of employment - things that aren’t considered in the course of employment

Answer 4

On a frolic - Hilton

Employee activities that are not in the scope of employment- Beard

Acting against specific orders - Iqbal

Unauthorised act with no benefit to the employer - Twine

Question 5

When tort committed actually becomes criminal, what test is used

Answer 5

Lister test

Question 6

What two questions does Lister test ask

Answer 6

a) is the relationship ‘akin to employment’
b) is there a close connection between tort and employment

Question 7

close connection

Answer 7

Lister

close connection test asks
What field of activities have been entrusted to TF
Was there a sufficient connection between (a) and the wrongful conduct

Mohamud

Question 8

akin to employment

Answer 8

Cox v Ministry of Justice (2016)
acting on behalf of D
activity like to be D’s business
D created risk by asking TF to carry out act