vicarious liability Flashcards
intro ?
-c could claim against the employer of d using vicarious liability
-form of secondary liability where the c claims against employer of the d due to being negligent in their employment
two requirements ?
- these that the person who committed the tort was an employee and there is sufficiently close connection between the tort commit
firstly proven ?
-that the person was a employee -
-‘akin to the employee (christan bros)
-‘economic reality test’
economic reality test ?
-3 part test established in ready mixed concrete v minister
-the worker must have agreed to provide skill for a wage
-secondly employee must have expressed agreed that the method of working will be controlled by employer (cox v MOJ)
-thirdly must be an employee contract and nothing else
secondly ?
-close connection test
-(lister v helsey hall) committed was closley connected to work of the employee
-if an employer has committed an authorised, that the employer directed them to do (mattis v pollack)
-committed intentional tort which is close to employment (mohumad v morrisons)
authorised acts ?
-in a negligent way the employer may be liable if this is closely connected to there employment (century v insurance)
-if the employer has given instructions not to do something still can be liable if the employee has disobeyed these if the tort is closley connected to employees work (rose v plenty)
finally ?
-it should be considered if the employee acts on a ‘frolic’ of his own
-if the employee cause injury/damage while doing something outside the work area employer will not be liable (hilton v thomas burton LTD)
if successful ?
-If successful the burden of compensation will move onto the employer, who will often have insurance to cover remedies, however the employer may seek to recover compensation from the tortfeasor if they remain in their employment under the Civil Liability Act 1978.
