vicarious liability

Question 1

what are the two conditions an employer will be liable for the tort of his employees

Answer 1

• if the worker is an employee under a contract of service
• if the tort is committed in the course of employees employment

Question 2

element 1

Answer 2

an employee is under a contract of service

Question 3

what test does the court favour to use for deciding if worker is an employee

Answer 3

economic reality test

Question 4

give examples of tests that the courts developed to decided whether a worker is an employee

Answer 4

• control test
• integration test

Question 5

what case was economic reality test established in

Answer 5

ready mixed concrete

Question 6

condition one of economic reality test

Answer 6

worker provides a skill in return for a wage/salary

Question 7

condition two of economic reality test

Answer 7

worker agrees to employer having control through:
- uniform
- giving holiday hours
- making sure you arrive on time

Question 8

condition three of economic reality test

Answer 8

all other factors are consistent with there being a contract of service

Question 9

what are some relevant factors

Answer 9

• tax and insurance
• self-description
• ownership of tools

Question 10

element 2

Answer 10

tort is committed during the course of employment

Question 11

what do courts recognise when dealing if an employer will be liable for employees wrongful act

Answer 11

• if the employer expressly or impliedly authorised it
• if employer authorised it but it was done in an unauthorised way

Question 12

employee is doing an authorised act task but does something which has been expressly forbidden by his employer

Answer 12

limpus v LGOC

Question 13

the employee is doing an authorised task but does the work in a negligent way

Answer 13

Century insurance co

Question 14

close connection between what employee did and what they were employed to do

Answer 14

• lister v hesley hall
• Mohamud v Morrison

Question 15

employers are not liable if the employee is acting on a frolic of his own

Answer 15

beard v LGOC

Question 16

journeys where the employee is being paid may be within the course of employment

Answer 16

smith v stages

Question 17

taking a detour for your own benefit may be in the course of employment

Answer 17

storey v ashton

Question 18

what are the case facts of limpus v LGOC

Answer 18

• drivers were forbidden to race their buses
• However, the driver still raced his bus, resulting in an accident
• The employer was liable as the driver was doing what he was authorized to do, but in an unauthorized manner

Question 19

what are the case facts of Century Insurance CO

Answer 19

the driver lit a cigarette while moving petrol. He threw the match away which caused an explosion. The HoL held that the driver was acting in the course of his employment, as part of his job was to wait while the petrol was being transferred

Question 20

what are the case facts of smith v stages

Answer 20

an employee was injured whilst driving home due to another employee’s negligent driving. The employee was acting during his employment as his wages covered his work time.

Question 21

what are the case facts of storey v Ashton

Answer 21

• a wine merchant went out to deliver some wine but ran over the claimant while taking a detour
• the court held that the employee was not vicariously liable as he wasn’t on the employer’s business at the time and was acting on a frolic of his own.

Question 22

what are the case facts of Beard v LGOC

Answer 22

a bus driver drove a bus despite strict instructions not to and injured someone. The employer wasn’t liable as the driver wasn’t carrying out his own work but something outside of his employment as he wasn’t authorized to drive the buses.