Vicarious Liability Flashcards
Ready-mixed concrete v minister of pensions
Contract of employment key points
- payment of wage
- exercise of control
- acceptance of business risk
Echo and express publication v Tanton
Personal performance
IC if able to employ someone else to do his job if he was unavailable
Carmichael v national power
Mutuality of obligation
IC as no legal obligation
(even though uniform and entitled to shares under employment scheme)
Compton v McClure
Time and space
Part of employment, just done badly
Century insurance co ltf v Northern Ireland Road Transport board
Course of employment just in unauthorised way
Morris v Martin
Theft not in course of employment
Limbus v London General Omnibus co.
What was employee doing? Expressly warned but still in course of employment
Iqbal v London Transport Executive
What was the employee doing? Acting outside course of employment and breach of express instructions of employer
Rose v Plenty
Still in course of employment even though expressly told not to
Lister v Hesley hall
Fair and just to hold employer liable? Close connection between acts and employment
Matthis v Pollock
Close connection between actions and what he was supposed to do
Gravel v Carroll and another
Close connection between action and what employed to do
MAGA v trustees of the Birmingham archdiocese of the Roman Catholic Church
Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB
Courts confirmed test:
1. Tortfeasor must be employee of the employer or there is a relationship akin to employment
2.tortious actions must fall within course of employment or be sufficiently closely connected to the employment
Christian brothers case
Fair just + reasonable where:
1. Employer more likely to have means of compensation
2. Tort committed as result of activity being undertaken by tortfeasor on behalf of employer
3. Tortfeasors activity part of some business activity of employer
4. Employer created risk
5. Employer maintains degree of control
