Vicarious liability

Question 1

Legal position between of agency workers (case)

Answer 1

James v London Borough of Greenwich 2008

Question 2

Incidents involves action outside of the employment : (legal term)

Answer 2

Frolic of his own

Question 3

Cases of frolic of his own :

Answer 3

Century Insurance 1942
Rose v Plenty
Storey v Ashton

Question 4

Cases involving Intenational serious wrongdoing by an employer, test formulated in : (case)

Answer 4

Lister v Hesley Hall (2001)

Question 5

Close connection between the action and the employment : (case + case story)

Answer 5

Mohamud v Morrison 2016
Employee assaulted customer but close connection test determined he was within the scope of employment

Morrisons v Various Claimants
Release personal data but Supreme Court found that it was not closely connected to acts he was employed for

Question 6

Vicarious liability requirements :

Answer 6

1.relationship employer- employee
2.tort was committed
3.Tortfeasor was in the course of employment when the tort was committed

Question 7

To prove vicarious liability, elements must be established:

Answer 7

(1) the existence of an employer-employee relationship
(2) tort was committed
(3) that the employee was engaged in activities within the scope of their employment

Question 8

Tests to establish employee from worker : (tests + cases)

Answer 8

Control test Mersey Docks 1946
Integration test Stevenson 1952
Economic reality test (multiple test) Ready Mixed Concrete 1968

Question 9

Authorised act but in Unauthorised manner : (case)

Answer 9

Century Insurance 1942

Question 10

Combination of all tests : (case)

Answer 10

Cable and Wireless 2006

Question 11

Serious wrongdoing by an employee : (cases)

Answer 11

Mohamud v Morrison

Morrison v Various Claimants 2020

Question 12

Relationship akin of employment

Answer 12

Cox v MoJ