Vicarious Liability Flashcards
case if there are 2 D’s
(Viasystems v thermal transfer)
stage 1 what must be proven for the D to be liable
C has suffered a loss or injury
case for if C has suffered loss or injury
(Muhammed v Morrison)
what must be established in stage 2
that there was an employer/employee relationship between the tortfeasor and the D
case for if its an independent contractor they wont be liable
(Barclays bank v Various claimants)
case for the multiple test
(ready mixed concrete v minister of pensions)
what does the multiple test consider
the control that the employer has over the tortfeasor
what are the additional factors
pay, premises and equipment
what’s the term if its not a traditional relationship
‘relationship akin to employment’
‘relationship akin to employment’ case
(Christian brothers; COX v MOJ)
what must be determined in stage 3
that the tort was committed within the course of employment
what is the ‘salmond test’ used to determine
to establish whether the tort was an authorized wrongful act or if its an authorized act done in a wrong way
what’s the term and case if the act isn’t authorized and so the employer isn’t liable
(frolic of their own) (Hilton v Thomas burton)
(rose v plenty)
benefits the employer
when is the salmond test not sufficient
when the case involves a crime or when it’s ‘akin to employment’
