Vicarious Liability Flashcards
What is the tort of vicarious liability concerned with?
Means an employer or someone with a relationship akin to employment can be held strictly liable for the torts of another
What are the two stages required for a claim in vicarious liability?
- Was there a relationship capable of giving rise to vicarious liability?
- Was there sufficient close connection between the act committed and the relationship between the defendant and committer?
(Various Claimants v Catholic Child Welfare Society)
How has ‘a relationship akin to employment’ been expanded?
Cox v Ministry of Justice
Prisoners have a relationship akin to employment with the ministry of justice (did not matter that the activity was not for the purpose of profit)
How did Baroness Hale clear up the law on a relationship that can give rise to vicarious liability?
Barclays Bank Plc v Various Claimants
Does not apply to independent contractors. Question is whether the tortfeasor is carrying on business on his own account or whether he is in a relationship akin to employment with the defendant
How did Lister v Hesley Hall find an act to be in the course of employment?
Broader question used which asks whether there is a very close connection between the torts committed and employment, therefore in this case D was liable for intentional sexual acts carried out
How has the ‘course of employment’ strand of vicarious liability been expanded?
Mohamud v Morrisons Supermarkets
Said there was a sufficient close connection between the position he was employed in and the act done, seems strange given that the employer was acting on his own personal prejudice
How has the close connection element since been brought back under control?
Morrisons Supermarkets v Various Claimants
D was not liable in this case because T was not acting within the scope of their employment. Ts motive was relevant and there will be no liability where the employee acts for their own personal gain
What has recent developments within the case law shown us?
Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB
* The stage two test, i.e. close connection, is whether the wrongful conduct was so closely connected with acts authorised that it can be regarded as done while acting in the course of employment
* Root of the idea is that employer who is taking the benefit of the activities should bear the costs of the wrong committed by the person in course of those actions
* Fact that the defendant and claimant were hanging out in a social context AFTER completing their quasi-employment was not sufficiently close
What does the Employers Liability (Defective Equipment) Act 1969 tell us?
S1- Where an employee suffers injury due to a defect in equipment provided by his employer and the defect is wholly or partially the fault of a third party, the employer will also be deemed to have contributed
What are the two categories of non-delegable duties cases?
Woodland v Essex County Council
1. Hazardous activities
2. Relationship based duties
What are some examples of non-delegable duties under the second category in Woodland?
- Patient who is treated in an NHS Hospital can sue the NHS authorities, Cassidy v Ministry of Health
- School for the safety of its children, liability will arise for the negligence of independent contractors if they are performing functions which the school has assumed for itself a duty to perform. Does not arise for extra-curricular outside school hours
