Vicarious Liability

Question 1

Hawley v Luminar Leisure LTD

Answer 1

Control test - how much control does the employer have over what the employee does and the way in which it is done

Question 2

Ready Mixed Concrete v MOP

Answer 2

Employee agreed to provide work or skill for a wage , they accept the work then will be subject to control of employer

Question 3

COX v Ministry of Justice

Answer 3

Court has extended to situations outside of traditional “employment status” court considers if the work is for benefit of employer.

Question 4

Barclays Bank

Answer 4

No relationship ‘akin to employment’ where the employer is a customer of the tortfeasor

Question 5

Smith v Stages

Answer 5

Authorised acts

Question 6

Forbidden acts

Answer 6

Rose v Plenty

Question 7

Authorised acts carried out in a negligent manner

Answer 7

Century Insurance v NI Transport

Question 8

An Unauthorised act

Answer 8

Beard v LGOC

Question 9

Frolic of their own

Answer 9

N v Chief Constable of Merseyside Police

Question 10

Mohamed v Morrisons supermarkets

Answer 10

1. What was the nature of the job
2. Was there a sufficient connection between the job and the wrongful conduct to make it right for the employer to be held liable under the principle of social justice

Question 11

Morrisons v Various Claimants

Answer 11

Was the wrongful conduct so closely connected that it was fair and proper to be in the course of employment