Vicarious liability Flashcards
What is vicarious liability?
- rule of responsibility which renders the defendant liable for the torts committed by another
- employer is liable for employee
What are the traditional tests to determine if a tortfeasor is an employee?
- Control test
- Integration test
- Economic reality
Control test - traditional tests
Determines if the employer had the right to control what the employee did and the way it was done - includes loaned out employees and equipment
Integration test - traditional tests
Considers if the tortfeasors work was fully for the business - if they were only an accessory to the business they are an independent contractor
Modern tests - akin to employment
Most recent test used for non-traditional employment relationships
Employers are not responsible for independent contractors.
This acts as a defense, where the individual was independent from the business
case for modern tests - akin to employment
Barclays Bank Plc v Various Claimants
Dr Bates was not an employee whilst performing medical examinations on Barclays employees, he was an independent contractor and therefore was not in a relationship akin to employment
Catholic Brothers case
Factors determining it is fair, just and reasonable to hold the employers liable for VL
- D is likely to have means of compensation
- Tort was committed due to activity undertaken on behalf of D
- Tortfeasor’s activity is part of D’s business activity
- D has created the risk of tort by employing the tortfeasor
- D maintains a degree of control over the tortfeasor
Non intentional torts - within course of employment
- Authorised acts, part of their role
- Authorised acts in a prohibited/negligent way - if still linked to actual job
case for non-intentional torts within course of employment
Rose v Plenty - Liable, plenty was doing job in a prohibited way, the fact that employers warned Plenty did not remove liability
non-intentional torts outside the course of employment
- Outside scope of employment - different role
- Frolic of their own - outside scope/time of work
case for non-intentional torts outside course of employment
Shelborne v CRUK
- Not liable, not within the field of activities entrusted by CRUK but rather a frolic of his own
