Vicarious Liability

Question 1

What is vicarious liability

Answer 1

Liability for someone else

Question 2

What 3 things must be proven for vicarious liability

Answer 2

1. Tort was committed by tortfeasor
2. Must be relationship of employment/similar between the tortfeasor and the D
3. Tort must occur in the course of employment

Question 3

What is said about the tort having to be committed by the tortfeasor

Answer 3

The employee/similar must have been negligent/created nuisance for liability to be imposed on employer

Question 4

What relationship must be present between the d and tortfeasor

Answer 4

Must be employee of D of have a relationship akin to employment

Question 5

What case speaks about independent contractors in relation to liabilty

Answer 5

Barclays Bank v various claimants- there is no liability for torts of independant contractors

Question 6

What are the 3 tests to decide if a person has an employee status

Answer 6

• control test
• integration/organisation test
• economic reality/multiple test

Question 7

Explain the control test

Answer 7

If an employer has right to control what employee did they are an employee

Question 8

What case was used for the control test

Answer 8

Hawley v luminar leisure

Question 9

What case is used for the integration test and what is said

Answer 9

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

Question 10

What case establishes the 3 part test to determine employment for the economic reality test

Answer 10

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

Question 11

What 4 things are regarded as in the course of employment

Answer 11

• authorised acts
• authorised acts done in forbidden way
• authorised acts carried out in negligent manner
• close connection test

Question 12

Explain authorised acts as an action in the course of employment

Answer 12

If employee is expressly/impliedly authorised to do act= in course of employment

Question 13

Explain authorised acts done in a forbidden way, use a case

Answer 13

Depends on if employee was conducting contractural/employment duties (rose v plenty)

Question 14

What case is used for authorised acts carried out in a negligent manner

Answer 14

Century insurance v NI

Question 15

Explain the close connection test

Answer 15

If act has close connection to employment= in the course of employment (even for criminal acts)

Question 16

what case is used for the close connection test and what is said

Answer 16

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

Question 17

What 2 actions are not regarded to be in the course of employment

Answer 17

• unauthorised acts
• employee acting in a frolic

Question 18

Explain unauthorised acts as an action not in the course of employment

Answer 18

Unauthorised acts outside of employment duties

Question 19

Explain employee acting in a frolic

Answer 19

Injury/loss is caused to C while employee is outside area/time of employment- means the employer can’t be vicariously liable

Question 20

What case explains what a frolic is and what is it said to be

Answer 20

Sherborne v CRUK- actions of the tortfeasor not within the field of activities entrusted by the employer

Question 21

What case is also used for employee acting a frolic and what is said

Answer 21

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

Question 22

Explain the employers indemnity when compensating the C

Answer 22

If employer and employee both liable, the C doesn’t get double the compensation

Question 23

What does the civil liability (contribution) act 1978 say about in relation to employer indemnity

Answer 23

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)