Vicarious Liability Flashcards
Structure Guidance
What is Vicarious Liability
Where the law holds one person responsible for a tort committed by another
What relationship must first be proved
An employee - employer relationship
What tests are used to prove an employee - employer relationship (3)
(1) Control
(2) Integration
(3) Multiple
Explain (with a case) the Control Test
The control test looks at whether the tort happened within the course of employment.
(Walker v Crystal Palace FC)
Explain (with a case) the integration test
The integration test looks at whether they are considered a part of the business or company.
(Whittaker v Minister of pension)
Explain (with a case) the multiple test
The multiple test looks at whether the company sorts things like the national insurance payments and combines the other two tests
(Ready mix concrete)
Explain “in the course of employment” (The second element of Vicarious Liability)
The close connection test established in Mohamud examines the closeness between the work the employees do and the tort conduct.
What are the two elements in the close connection test
1) What was the nature of the job
2) Is there a sufficient connection between the position in which the employee was employed and the wrongful conduct
It must be established that it is fair to impose a duty on the employer.
When will an employer be liable
If the employee is carrying out authorised duties but in a negligent way
When will an employer also be liable (C: Even if he has..)
An employer remains liable even if he has expressly forbidden the act of his employee that causes the damage
When will an employer not be liable
If the act is unauthorised, the employer will not be held liable.
Rules about Lifts and Detours
If an employer has banned giving lifts to third parties he may escape liability unless the third party is heling with business
Rules about crimes during employment
Employers may be responsible for crimes committed if there is a close connection.
