Vicarious Liability Flashcards
Vicarious Liability definition
Imposing liabiltiy onto an employer instead of an employee
Vicarious Liability test
Employee must have committed a tort
Worker must have “employee” status
Tort must occur over the course of employment
Employee must have committed a tort
Vicarious liability test
Show the employee committed a tort (no case)
Worker must have employee status
Vicarious liability test
An employee is someone who is told exactly how to do their job (Yewen v Noakes), and integral to the business (Ready Mixed Concrete v Minister of Pensions)
Tort occurred over course of employment
Vicarious liability test
Action must not be outside job description (Rose v Plenty)
Rose v Plenty
Tort must have occurred over course of employment
Yewen v Noakes
An employee is someone who is told exactly how to do their job
Ready Mixed Concrete v Minister of Pensions
An employee must be integral to the business’ operation
