Vicarious Liability Flashcards
What is vicarious liability
Where one person is liable for the tort committed by another
Who is an employer
Employer will only usually be liable for the acts of employees and not independent contractors
Tests they can use to prove vicarious liablity
Control test
Integration test
Multiple test
What is the control test with case law
Ready-mixed concrete v minister of pension- a contract let man own his lorry for profit making purposes. As he makes his own wages, he took a business risk himself so as an independent contractor not an employee
What is the integration test
The more closely you work with the core business, you are more likely to be an employee.
Multiple test with case law
3 factors are taken into consideration when deciding if they are an independent contractor or employee:
1. Control- in charge of the worker and work carried out
2. Personal performance- echo Express publication v tanton- anyone he employed to do his job when he wasnt there was an independent contractor.
3. Mutuality of obligation- employer has legal obligation to pay workers. Carmichael v national power- workers worked as a tour guide at power plant. Only contracted when services where needed. Able to refuse work. She was an independent contractor
What has to be proved to show it 2as in the course of employment
- Are they acting in the course of his employment in time and space
- Doing it within his employment
- Where acts closely connected with his employment
Case law for time and space
.compton v mcClure- he was late for work, so to be on time, drove too fast and negligently injured claimant. Employers where held vicariously liable
What was the employee doing and case law
If they are performing what they have to do just badly it is the line of work
. Century insurance Co. Ltd v Northern road transport board- lorry driver who strikes match to light a cigarette while transferring petrol from lorry into underground tank held the company vicariously liable.
. Morris v Martin- set a fur coat to a furrier, employees stole it. Defendants where liable
Can an employer still be liable even if explicitly told not to
Yes
Case law for being liable even if told not to do something
Limpus v London general omnibus- defendants bus driving, races his bus with another belonging to a rival company. Told not to race. Employer still held liable.
