Vicarious liability Flashcards
Vicarious liability
one person is liable for the tort of another
Why might a V sue someone who did not commit the tort?
- better insured
- better able to pay claim
Salmond test
Employers are vicariously liable when:
- employee commits an unintentional tort
- tort occurs in the course of employment
Employers are vicariously liable when:
- employee commits an unintentional tort
- tort occurs in the course of employment
Salmond test
Tortfeasor
person who commits the tort
Organisation test
Someone is an employee if their work is fully integrated into the business
Ready Mixed Concrete 1968
- ownership of equipment
- method of payment
- role description
- independence
- ownership of equipment
- method of payment
- role description
- independence
Ready Mixed Concrete 1968
Rose v Plenty
If an employee acts against orders, employer can still be liable
If an employee acts against orders, employer can still be liable
Rose v Plenty
Employer can be liable for employee’s negligent act
Century Insurance 1942
Century insurance 1942
Employer can be liable for employee’s negligent act
Tort must be committed in the course of employment
Twine v Bean’s Express
Twine v Bean’s Express
Tort must be committed in the course of employment
If employee is acting against orders and not as a part of his job, employer will not be liable
Beard v London Omnibus
