Vicarious Liability

Question 1

Who is the claimant for vicarious liability?

Answer 1

The person who the tort has been committed against

Question 2

Who is the defendant for vicarious liability?

Answer 2

The person responsible for the tort as they are the employer

Question 3

Who is the tortfeasor for vicarious liability?

Answer 3

The one who committed the tort

Question 4

What is the definition for vicarious liability?

Answer 4

There must be a relationship between the two persons which makes it proper for the law to make one pay for the fault of another

Question 5

What test should be used for traditional employment?

Answer 5

Economic reality test
(Control and integration can also be used)

Question 6

What is the case for the economic reality test?

Answer 6

Ready Mix Concrete

Question 7

What are the 5 elements of the traditional employee test?

Answer 7

Wage is being paid, tax and national insurance
Who provides equipment
Whether the worker must obey orders
Who controls how the work is being done
The power to hire/ fire

Question 8

What does akin to employment mean?

Answer 8

Similar or like employment

Question 9

What is the case for akin to employment?

Answer 9

Christian brothers case

Question 10

What 5 elements are used in akin to employment? (Christian brothers case)

Answer 10

Employer more likely to have insurance and can compensate the victim
Act is committed on behalf of the employer
The activity is likely to be part of the business activity
By employing the employee a risk was created
Employee under control of employer

Question 11

What must the Christian Brothers case be?

Answer 11

Fair, just and reasonable

Question 12

What are the 3 elements for the first test of vicarious liability?

Answer 12

Employee
Akin
Independent contractor

Question 13

What is the second test for vicarious liability?

Answer 13

Close connection

Question 14

What does the case of Barclays bank v vc say about close connection?

Answer 14

Must be a connection between the relationship and the wrongdoing

Question 15

What does the case of Morrisons supermarkets plc say about close connection?

Answer 15

May be regarded as being done in the ordinary course of employment as the acts were so closely connected

Question 16

What 4 ways can D’s act be closely connected to their job?

Answer 16

Intentional tort
Abuse
Went against order
Acting negligently

Question 17

What 2 ways is D’s act not closely connected to their job?

Answer 17

Motive of D
Frolic of your own

Question 18

What is the case and held for intentional tort?

Answer 18

Mohamud v Morrisons- still in course of employment

Question 19

What is the case and held for abuse?

Answer 19

Lister v Hesley Hall- CC as assaults committed on premises

Question 20

What does it mean to ‘go against orders’?

Answer 20

An unauthorised act as long as there was a benefit to the employer

Question 21

What is the case for acting against orders?

Answer 21

Rose v Plenty

Question 22

What is the case for acting negligently?

Answer 22

Century insurance

Question 23

What does ‘motive of D mean?

Answer 23

Any act which is an effort to deliberately harm the employer as part of a vendetta cannot be closely connected

Question 24

What is the case for motive of D?

Answer 24

Morrisons supermarket

Question 25

What is a frolic of your own?

Answer 25

You were doing something for your benefit only and not for the employer

Question 26

What is the case for frolic of your own?

Answer 26

Hilton v Thomas Burton

Question 27

What standard is ‘negligent act’ judged against?

Answer 27

Reasonable man