Vicarious Liability Flashcards
Who is the claimant for vicarious liability?
The person who the tort has been committed against
Who is the defendant for vicarious liability?
The person responsible for the tort as they are the employer
Who is the tortfeasor for vicarious liability?
The one who committed the tort
What is the definition for vicarious liability?
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
What test should be used for traditional employment?
Economic reality test
(Control and integration can also be used)
What is the case for the economic reality test?
Ready Mix Concrete
What are the 5 elements of the traditional employee test?
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
What does akin to employment mean?
Similar or like employment
What is the case for akin to employment?
Christian brothers case
What 5 elements are used in akin to employment? (Christian brothers case)
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
What must the Christian Brothers case be?
Fair, just and reasonable
What are the 3 elements for the first test of vicarious liability?
Employee
Akin
Independent contractor
What is the second test for vicarious liability?
Close connection
What does the case of Barclays bank v vc say about close connection?
Must be a connection between the relationship and the wrongdoing
What does the case of Morrisons supermarkets plc say about close connection?
May be regarded as being done in the ordinary course of employment as the acts were so closely connected
What 4 ways can D’s act be closely connected to their job?
Intentional tort
Abuse
Went against order
Acting negligently
What 2 ways is D’s act not closely connected to their job?
Motive of D
Frolic of your own
What is the case and held for intentional tort?
Mohamud v Morrisons- still in course of employment
What is the case and held for abuse?
Lister v Hesley Hall- CC as assaults committed on premises
What does it mean to ‘go against orders’?
An unauthorised act as long as there was a benefit to the employer
What is the case for acting against orders?
Rose v Plenty
What is the case for acting negligently?
Century insurance
What does ‘motive of D mean?
Any act which is an effort to deliberately harm the employer as part of a vendetta cannot be closely connected
What is the case for motive of D?
Morrisons supermarket
What is a frolic of your own?
You were doing something for your benefit only and not for the employer
What is the case for frolic of your own?
Hilton v Thomas Burton
What standard is ‘negligent act’ judged against?
Reasonable man
