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
What are the 3 factors of the multiple test vicarious liability
Control, personal performance and mutuality of obligation
What is control defined as under the multiple test as a part of employment in vicarious liability
Does the employer have some control over the worker and what they are doing and to what extent
What is personal performance defined as under the multiple test as a part of employment in vicarious liability
The worker cannot delegate their job to someone else
What case would you use for personal performance under the multiple test as a part of employment in vicarious liability
Echo and express publication v tanton
What is mutuality of obligations defined as under the multiple test as a part of employment in vicarious liability
Employer has a mutual obligation to pay the worker, worker has a corresponding obligation to be available to work as pr contract
What case would you use for mutuality of obligation under the multiple test as a part of employment in vicarious liability
Carmichael v national power
What is the definition of akin to employment in vicarious liability
A relationship between two parties which makes it proper for the law to make one party at fault of the other
What case would you use for akin to employment in vicarious liability
Barclays bank pls v various claimants
What set out the 5 criteria for akin to employment under vicarious liability
Christian catholic welfare society
What are the 5 criteria that set out akin to employment
Employer more likely to have means to compensate victim (compared to employee)
Tort committed as a result of activity being taken by employee but on behalf of employer
Employee’s activity was in line with work for employer
Employer, by employing the employee to carry on the activity, will have created the risk of tort committed
Employee is under the control of employer
What is the definition of closely connected in connection between relationship and wrongdoing
Close connection between what they are meant to do and the crime that has been committed
What case would you use for close connection under vicarious liability
Lister v Hesley hall
What is meant by the T must be acting in line with their employment in vicarious liability
Must not frolic on his own- Do something completely irrelevant to their work and not linked to their role in any way and only for their own benefit
What case would you use for in the course of employment in vicarious liability
Limpus v london general
What is the only circumstance an employer can commit a frolic and still make the employee liable and what case would you use in vicarious liability
If it was done to benefit the company and Rose v Plenty
What happens when an employee acts outside of employment in vicarious liability
The employer will not be liable
What case states that an employer will not be liable if an employee acts on their own will and outside their role in vicarious liability
Beard v london general omnibus
What case states an employer can still be liable even if an employee is acting against order if the employee is doing his/ her job in vicarious liability
Century insurance v northern ireland road transport board
What case states 2 employers can share liability for an employee
Viasystems (Tyneside) Ltd v
Thermal Transfer (Northern) Ltd 2005
What case states that the control test is particularly important in cases where there may be more than one employer
Mersey Docks Harbour Board v Coggins and Griffiths (Liverpool) Ltd 1947
What case states that vicarious liability can be imposed on situations outside normal employment situations
Cox v ministry of justice
