Vicarious liability Flashcards
A solicitor is instructed by an employee of a company which wishes to commence a claim for damages for a personal injury they suffered while at work. The company supplies and erects scaffolding for the construction of buildings.
The company’s Operations Manager carried out a training session with all employees to remind them of the safe methods to be used when dismantling and lowering the scaffolding to the ground.
However, after this training some employees still often dropped pieces of scaffolding down to other employees while dismantling the scaffolding. They usually made sure the other employees were looking up at them at the time. Another employee who was the client’s supervisor was aware of this practice but ignored it even though it was contrary to the Manager’s training. They did this because the practice saved time and, therefore, money.
The client’s injuries occurred when a fellow employee was dismantling scaffolding and dropped a large pole from above and it struck the client heavily.
Will the scaffolding company be vicariously liable for the injury to the client?
A-No, because the company trained their employees in the safe method of dismantling and lowering the scaffolding and was not, therefore, at fault in any way.
B-No, because the supervisor and the fellow employee were acting outside of the course of their employment by acting contrary to their express instructions.
C-Yes, because the negligent actions of the supervisor and the fellow employee benefitted the company’s business.
D-Yes, because the actions of the supervisor and the fellow employee benefitted the company’s business.
E-Yes, because the actions of the supervisor and the fellow employee were clearly negligent.
Test for vicarious liability: (3 steps)
Three tests for vicarious liability (example).
1.The builder is an employee;
2. The builder has committed a tort; and 3. That tort was committed in the course of his employment.
An employer is liable for the torts of their employee committed in the course of employment.
A solicitor is instructed by a homeware store in relation to a claim for damages for personal injury that one of its customers is bringing against it.
One of the homeware’s employees was employed to collect up shopping trolleys from the homeware store’s car park. As the employee was pushing a long row of trolleys they lost control of them. They crashed into a car owned by the customer’s son.
The customer of the homeware store witnessed these events. They went to the store manager and reported what they had seen, making it clear that the accident was the employee’s fault. The employee overheard this conversation and became very angry. As the customer left the store the employee followed them out and attacked them in the car park. The employee pushed the customer violently causing them to fall to the floor, breaking the customer’s jaw.
Which of the following statements best explains whether the homeware store will be vicariously liable for the injury to the customer?
A-Yes, because the employee committed a tort during the course of their employment; there was a sufficiently close connection between the employee’s job and the tort they committed to make it fair and just for the employer to be held liable for the employee’s actions.
B-Yes, because the employee committed a tort during the course of their employment; there was a sufficiently close connection between the employee’s job and the tort they committed.
C-No, because, while the employee committed the tort during the course of their employment, the employee’s actions were intentional and employers can only be held vicariously liable for the negligent acts of their employees.
D-No, because the employee committed an intentional tort which did not benefit the employer’s business and it would not be fair or just to impose liability on the employer.
E-No, because, while the employee committed the tort during the course of their employment, it would not be fair or just to hold the employer vicariously liable for an act which did not benefit the employer’s business.
Option A is the correct answer as it sets out all the elements that are required before an employer will be held vicariously liable for the intentional acts of their employees.
Option B is wrong as it omits the element of the ‘course of employment’ requirement that it must be fair and just to impose liability on the employer.
Option C is wrong because an employer will be held liable for any torts committed by their employees during the course of their employment. This includes intentional torts (in this case, the tort of trespass to the person).
Option D is wrong because it is not a requirement that the tort must benefit the employer’s business. Employers can be vicariously liable for employees’ intentional torts that only benefit the employees as long as the tort is carried out during the course of their employment.
Option E is wrong for the same reason as option D. In addition, if the employee did act in the course of their employment, then it will have been decided that it was fair and just to impose liability on the employer as this is an element of the course of employment requirement.
A-
B-
C-
D-
E-
