Vicarious liability

Question 1

What is the purpose of VL? + what relationship is this usually seen with?

Answer 1

Imposing liability of a tort on somebody who didn’t commit the tort.
Usually seen between an employer and their employees.

Question 2

When are employers vicariously liable according to the Salmond test?

Answer 2

• when an employee commits an unintentional tort
• when the person committing the tort is an employee
• the tort occurs in the course of employment

Question 3

Who are the parties within VL? (explain briefly)

Answer 3

1. tortfeasor - the person who committed the tort + caused harm (usually employee)
2. claimant - victim who suffers harm
3. defendant - person liable for the tort (usually employer)

Question 4

What must the tortfeasor commit?
Name a case.

Answer 4

An UNINTENTIONAL tort which causes harm.
Poland v Parr (1927)