Vicarious Liability Flashcards
What is vicarious liability
Liability for someone else
What 3 things must be proven for vicarious liability
- Tort was committed by tortfeasor
- Must be relationship of employment/similar between the tortfeasor and the D
- Tort must occur in the course of employment
What is said about the tort having to be committed by the tortfeasor
The employee/similar must have been negligent/created nuisance for liability to be imposed on employer
What relationship must be present between the d and tortfeasor
Must be employee of D of have a relationship akin to employment
What case speaks about independent contractors in relation to liabilty
Barclays Bank v various claimants- there is no liability for torts of independant contractors
What are the 3 tests to decide if a person has an employee status
- control test
- integration/organisation test
- economic reality/multiple test
Explain the control test
If an employer has right to control what employee did they are an employee
What case was used for the control test
Hawley v luminar leisure
What case is used for the integration test and what is said
Stevenson Jordan and Harris v McDonald and Evans
- if worker fully integrated into business= employee
- if work is only an accessory to the business= not employee
What case establishes the 3 part test to determine employment for the economic reality test
Ready mix concrete v minister of pensions
1. Employee agrees to provide work/skill for a wage
2. Employee expressly/impliedly accepts that work will be subject to control of employer
3. All other considerations in contract are consistent with there being a contract of employment
What 4 things are regarded as in the course of employment
- authorised acts
- authorised acts done in forbidden way
- authorised acts carried out in negligent manner
- close connection test
Explain authorised acts as an action in the course of employment
If employee is expressly/impliedly authorised to do act= in course of employment
Explain authorised acts done in a forbidden way, use a case
Depends on if employee was conducting contractural/employment duties (rose v plenty)
What case is used for authorised acts carried out in a negligent manner
Century insurance v NI
Explain the close connection test
If act has close connection to employment= in the course of employment (even for criminal acts)
what case is used for the close connection test and what is said
Mohamud v Morrisons
- what’s the nature of the job
- was there sufficient connection between the job and the wrongful conduct to make it right for employer to be held liable
What 2 actions are not regarded to be in the course of employment
- unauthorised acts
- employee acting in a frolic
Explain unauthorised acts as an action not in the course of employment
Unauthorised acts outside of employment duties
Explain employee acting in a frolic
Injury/loss is caused to C while employee is outside area/time of employment- means the employer can’t be vicariously liable
What case explains what a frolic is and what is it said to be
Sherborne v CRUK- actions of the tortfeasor not within the field of activities entrusted by the employer
What case is also used for employee acting a frolic and what is said
Morrisons v various C’s- if employee intentionally commits tort to harm employer as a vendetta with no benefit of the employer- this will not be regarded as being connected to employment
Explain the employers indemnity when compensating the C
If employer and employee both liable, the C doesn’t get double the compensation
What does the civil liability (contribution) act 1978 say about in relation to employer indemnity
If the employer is found liable for the employees tort, the employer can sue the employee to recover damages, and can also recover compensation paid out from the employee (deduction from wages)
