Vicarious liability Flashcards
What is the definition of vicarious liability
The term used to explain the liability of one person for the torts committed by another
When does vicarious liability most commonly arise
When an employer might be liable for the torts of his employee
What are the 3 requirements in the traditional approach for vicarious liability
Tortfeasor must have committed a tort rather than a crime, tortfeasor must be an employee and tortfeasor must be acting in the course of his employment
What was stated in the contemporary approach in vicarious liability
Akin to employment and closely connected through a connection between that relationship and the wrongdoing.
What case do you use for the contemporary approach in vicarious liability
Barclays bank pls v various claimants
What is meant by tortfeasor must have committed a tort in vicarious liability
T must have committed a tort rather than a crime in order for the C to claim they have suffered a loss/ injury due to tort
What case would you use for T has committed a tort in vicarious liability
Poland v Parr
Who is not classed as an employee in vicarious liability
An independant contractor so they have to be liable for their own tort
What are the 3 tests that can be used to decide whether someone is an employer in vicarious liability
Control, integration and multiple
What is the control test as a part of employee under vicarious liability
Independent contractors are told what to do but employees are told what to do and how to do it
What case would you use for the control test
Hawley v Luminar leisure ltd
What is the integration test as a part of employee under vicarious liability
The more closely a worker is involved with the core business, the more likely they are to be an employee
What case would you use for the integration test for employee under vicarious liability
Stevenson, Jordon & Harrison ltd v MacDonald and Evans
What is the multiple test as a part of employee under vicarious liability
Three factors are used to help the courts determine is a worker is an independent contractor
What case would you use for the multiple test for employee under vicarious liability
Ready mix concrete v minister of pensions