Vicarious liability Flashcards

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1
Q

What is the definition of vicarious liability

A

The term used to explain the liability of one person for the torts committed by another

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2
Q

When does vicarious liability most commonly arise

A

When an employer might be liable for the torts of his employee

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3
Q

What are the 3 requirements in the traditional approach for vicarious liability

A

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

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4
Q

What was stated in the contemporary approach in vicarious liability

A

Akin to employment and closely connected through a connection between that relationship and the wrongdoing.

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5
Q

What case do you use for the contemporary approach in vicarious liability

A

Barclays bank pls v various claimants

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6
Q

What is meant by tortfeasor must have committed a tort in vicarious liability

A

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

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7
Q

What case would you use for T has committed a tort in vicarious liability

A

Poland v Parr

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8
Q

Who is not classed as an employee in vicarious liability

A

An independant contractor so they have to be liable for their own tort

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9
Q

What are the 3 tests that can be used to decide whether someone is an employer in vicarious liability

A

Control, integration and multiple

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10
Q

What is the control test as a part of employee under vicarious liability

A

Independent contractors are told what to do but employees are told what to do and how to do it

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11
Q

What case would you use for the control test

A

Hawley v Luminar leisure ltd

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12
Q

What is the integration test as a part of employee under vicarious liability

A

The more closely a worker is involved with the core business, the more likely they are to be an employee

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13
Q

What case would you use for the integration test for employee under vicarious liability

A

Stevenson, Jordon & Harrison ltd v MacDonald and Evans

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14
Q

What is the multiple test as a part of employee under vicarious liability

A

Three factors are used to help the courts determine is a worker is an independent contractor

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15
Q

What case would you use for the multiple test for employee under vicarious liability

A

Ready mix concrete v minister of pensions

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16
Q

What are the 3 factors of the multiple test vicarious liability

A

Control, personal performance and mutuality of obligation

17
Q

What is control defined as under the multiple test as a part of employment in vicarious liability

A

Does the employer have some control over the worker and what they are doing and to what extent

18
Q

What is personal performance defined as under the multiple test as a part of employment in vicarious liability

A

The worker cannot delegate their job to someone else

19
Q

What case would you use for personal performance under the multiple test as a part of employment in vicarious liability

A

Echo and express publication v tanton

20
Q

What is mutuality of obligations defined as under the multiple test as a part of employment in vicarious liability

A

Employer has a mutual obligation to pay the worker, worker has a corresponding obligation to be available to work as pr contract

21
Q

What case would you use for mutuality of obligation under the multiple test as a part of employment in vicarious liability

A

Carmichael v national power

22
Q

What is the definition of akin to employment in vicarious liability

A

A relationship between two parties which makes it proper for the law to make one party at fault of the other

23
Q

What case would you use for akin to employment in vicarious liability

A

Barclays bank pls v various claimants

24
Q

What set out the 5 criteria for akin to employment under vicarious liability

A

Christian catholic welfare society

25
Q

What are the 5 criteria that set out akin to employment

A

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

26
Q

What is the definition of closely connected in connection between relationship and wrongdoing

A

Close connection between what they are meant to do and the crime that has been committed

27
Q

What case would you use for close connection under vicarious liability

A

Lister v Hesley hall

28
Q

What is meant by the T must be acting in line with their employment in vicarious liability

A

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

29
Q

What case would you use for in the course of employment in vicarious liability

A

Limpus v london general

30
Q

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

A

If it was done to benefit the company and Rose v Plenty

31
Q

What happens when an employee acts outside of employment in vicarious liability

A

The employer will not be liable

32
Q

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

A

Beard v london general omnibus

33
Q

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

A

Century insurance v northern ireland road transport board

34
Q

What case states 2 employers can share liability for an employee

A

Viasystems (Tyneside) Ltd v
Thermal Transfer (Northern) Ltd 2005

35
Q

What case states that the control test is particularly important in cases where there may be more than one employer

A

Mersey Docks Harbour Board v Coggins and Griffiths (Liverpool) Ltd 1947

36
Q

What case states that vicarious liability can be imposed on situations outside normal employment situations

A

Cox v ministry of justice