vicarious liability Flashcards
defining vicarious liability
this area of tort deals with secondary liability, whereby the tortfeasor is the employee of the defendant therfore the person being sued did not committ the tort
criteria for VL
there must be a tort committed
there must be a relationship or employement
the wrongdoing must be closely connected to the relationship
step 1: has there been a tort committed
e.g negligence= duty, breach, causation
tort can be anything such battery
step 2: there must be a relationship of employment
ready mixed concrete v ministry pensions- independant contractors as had to buy own equiptment so bore their own risk of loss
market investigations v ministry of social security- lacked autonomy over working hours and arrangements so were employees
expansion of what a relationship of employement was
catholic child welfare society
2 part test:
1. does the requisite relationship exist on the facts?
2. was the wrongdoers action sufficiently closely connected to that relationship?
part 1 of catholic welfare test
employer is more likely insured
tort committed in activity on behalf of the employer
part of business activity
employer created the risk of tort
emplyee under control od employer)
cox v ministry of justice- was part of business activity as dont have to be paid
armes v nottingham- controlled
barclays bank plc- independant contractor
part 2 of catholic child welfare test
traditional test-salmond
a wrongful act authorised by the master or
a wrongful and unauthorised mode of doing some act authorised by the master
(lister v Hall- would not be able to perform act without employer)
new test- dubai aluminium (the acts where done in the ordinary course of his employement)
Mohamud v morrison- asking to leave was in course of employment
Morrispm v various claimants- frolick of own
non delegable duty
primary liability
the duty cannot be delegated so the wrongduer has breached their duty even if they did not committ the act
woodland v essex CC
