Vicarious Liability Flashcards
What is Vicarious liability?
Liability of an employer for the torts committed by his/her employee
What is the first test for vicarious liability?
Who is an employee
What case links to the control test?
Ready mix concrete v Minister of Pensions
What is the case of Ready Mixed Concrete v Minister of Pensions?
Lorry driver owned his lorry for his own purposes. The driver took a certain business risk and so was an independent contractor not an employee
What is the second part of who is an employee?
The integration test
What does the integration test state?
The more closely a worker is involved with the core business the more likely he is to be an employee
What is the third test in who is an employee?
The multiple test
What are the three parts to the multiple test?
-control
-personal performance
-mutuality of obligation
What is stated about control?
The employer is to some extent in charge of the worker
What is stated about personal performance?
The employee can’t delegate the job under the contract
What case is related to personal performance?
Echo and express publication v Tanton
What is Echo and express publication v Tanton?
Van driver who could employ someone to do his job was independent contractor
What is stated about mutuality of obligation?
The employer has an obligation to pay the worker and the worker must be available to work
What case is related to mutuality of obligation?
Carmichael v National power
What is Carmichael v National power
Tour guide who could decide when they wanted to work was seen as an independent contractor
What is the second main point when proving vicarious liability?
If the employee is in the course of employment?
What are the three points to prove an employee was in the course of employment?
-Time and space
-What was the employee doing
-Is it fair just and reasonable to hold the employer liable
What case is related to acting in time and space?
Compton v McClure
What is Compton v McClure
Was late for work negligently drove to fast onto premises of employer the employee was liable
What is the statement related to ‘what was the employee doing’?
If an employee is performing work that he is employed to do in an improper way he will still be acting within the course of employment
What is Century Insurance Co. Ltd v Northern Ireland Road Transport Board?
Lorry driver caused fire by lighting a cigarette while filling his lorry
What case shows that liability can still arise even if the employee is doing something they are forbidden from doing?
Limpus v London General Omnibus Co
What is Limpus v London General Omnibus Co
Bus driver raced another bus driver when racing was banned
What is Iqbal v London Transport Executive?
Bus conductor not in course of employment when he drove a bus
What is Rose v Plenty
Milkman saw a sign at depot banning employing children but still employed 13 yr old girl who was injured
What case is related to ‘is it fair to hold the employer liable?
Lister v Healy Hall
What is Lister v Hesley hall?
Warden of residential school sued by students for sexual abuse seen that there was a close connection between act and job so was fair
What is the case of Matthis v Pollock ?
Club doorman stabbed man, he is employed to use physical force and stabbing is similar to this
What is the case of Gravell v Carrol and another ?
Rugby player punched someone close connection between that and his job
What is the case of MAGA v Trustees of the Birmingham Archdiocese of the Roman Catholic Church ?
Priest sexually abused - used his position in church to do so
What is the third main point when proving vicarious liability ?
Frolics of their own
What is meant by the term “Frolics of their own” ?
Not liable if the employee is on a frolic of their own meaning not in the course of employment
What case relates to frolics of their own ?
Hilton v Burton
What is the case Hilton v Burton
Man killed due to negligent driving when towing out on lunch break using employers van they where on a frolic of their own
What is the case of N v Merseyside Police
Police man raped a women, was not carrying out police duties just used his uniform and warrant card ‘on a frolic of his own’
What is the fourth main point used to prove vicarious liability ?
Employer Indemnity (getting money off employee)
What Act is related to Employer Indemnity
Employer can recover damages under:
Civil Liability (Contribution) Act 1978
What case is related to Employer Indemnity ?
Lister v Romford Ice & Cold Storage
What is the case of Lister v Romford Ice & Cold Storage ?
Lorry driver ran over man, man sued employer, employer recovered damages from employee as he was in breach of contract
What is the fifth main point used to prove Vicarious Liability ?
Liability for independent contractors and others
What are the three points that can make an employer liable for an independent contractor ?
-if he has been negligent in selecting the contractor
-he has authorised the tort
-if the law imposes a “non-delegable” duty of care (hazardous activities)
What case relates to Independent contractors?
Honeywill & Stein v Larking Brothers Ltd
What is the case of Honeywill v Larking Brothers Ltd
Took flash photography in cinema caused fire employer liable as work was extra hazardous
