Vicarious Liability

Question 1

Vicarious Liability

Answer 1

An employer (3rd party) is liable for the unlawful actions of their employee (D.)

Question 2

Employee tests

Answer 2

Control test - does the employer have control over D.
Integration test - is their work fully integrated to the business
Multiple test - pay, uniform, contract, equipment, independence, e.t.c

Question 3

Barclays Bank

Answer 3

If D. is an independent contractor, no VL

Question 3

Control test
Integration test
Multiple test

Answer 3

Yewen v Noakes
Stevenson, Jordan + Harrison Ltd.
Ready Mixed Concrete Ltd.

Question 4

Was the tort committed closely connected to the employee’s employment

Answer 4

Stage 1: 5 incidents
Stage 2: sufficiently close connection

Question 5

5 Incidents

Answer 5

Catholic Child Welfare Society -
- employer more likely to be able to compensate V.
- tort committed as a result of an activity for the employer
- activity was part of the business
- employer created the risk that the employee could commit the tort
- employee was under the employer’s control

Question 6

Sufficiently close connection

Answer 6

Hilton - not sufficient if acting on a frolic of his own (not part of their job)
Smith v Stages - if paid to do it, usually sufficient

Question 7

Hilton

Answer 7

Frolic of his own

Question 8

Remedies (economic loss)

Answer 8

Compensation
Civil Liability (Contribution) Act 1978 - may pay out of employee’s wages