Vicarious liability

Question 1

Meaning

Answer 1

Law makes one person liable within legal relationship for tort committed by another

Question 2

why might some people argue that VL is unfair?

Answer 2

Innocent party liable for something they haven’t
Personally done or failed to do it
Liability on employee not directly at fault.

Question 3

justifications

Answer 3

Responsibility of the employer
Hiring and firing
Improving health and safety standards
compensation

Question 4

Responsibility of the employer

Answer 4

employee may be carrying out instructions of the employer

Question 5

Hiring and firing

Answer 5

Employees responsible for hiring firming monitoring and discipling staff.

Question 6

Improving health and safety standards

Answer 6

employees responsible for making sure all employees trained so work done safely

Question 7

Compensation

Answer 7

Employer usually in better financial position to pay than employee

Question 8

Salmond test

Answer 8

Employees committed unintentional tort
Worker had employment status
Employee committed tort during the course of employment

Question 9

Effect of VL

Answer 9

individual who committed the tort will be jointly liable with the employer

Question 10

Parties to VL

Answer 10

Tortfeasor
Claimant
Defendant

Question 11

Tortfeasor

Answer 11

Person who commits tort

Question 12

Claimant

Answer 12

Victim who suffers harm and brings action

Question 13

Defendant

Answer 13

Person liable for Tortfeasor’s tort

Question 14

Traditional tests for employment status

Answer 14

works under a contract of service

Question 15

Control test

Answer 15

An independent contractor is someone who is told what to do whereas an employee is told what to do and how to do it

Question 16

Club gave orders and paid him

Answer 16

Walker

Question 17

Hired out equipment so permanent employee liable

Answer 17

Mersey

Question 18

Owner who employed him liable

Answer 18

Hawley

Question 19

Integration test

Answer 19

It provides that a worker will be an employee if his work is fully integrated into the business

Question 20

Liable as relationship of employment

Answer 20

Cox

Question 21

Multiple economic reality test

Answer 21

tests consider various factors which may indicate employment or not

Question 22

Ready Mixed Concrete

Answer 22

Employees provide work or skill in return for a wage
Accepts work controlled by employer
Terms of contract consistent

Question 23

Tools and equipment

Answer 23

Employee less likely to own these at work

Question 24

Payment

Answer 24

Employees more likely to be paid regular payments

Question 25

Tax

Answer 25

Employees pay tax and national insurance

Question 26

Job description

Answer 26

Person declare themselves as employee

Question 27

Independence

Answer 27

Flexibility in being able to work from other sources

Question 28

Council liable for abuse

Answer 28

Armes

Question 29

Cases

Answer 29

Barclays
Catholic child welfare

Question 30

Can more than one employee be vicariously liable

Answer 30

Viasystems

Question 31

What’s element 2?

Answer 31

Is the person acting in the course of employment

Question 32

Limpus

Answer 32

Employer liable as driving was his job

Question 32

Four points for course of employment

Answer 32

1. Employee is doing their job
2. Employee is doing their job but in an unauthorised manner
3. Employee is doing their job but carelessly

Question 33

Century

Answer 33

Employer liable as he was doing his job even if negligent

Question 34

Acts that would not be in the course of employment

Answer 34

1. Employee is doing acts outside the scope of their employment
   2.Employee is doing their acts outside the time of their employment
   3.Employee is giving an unauthorised lift to someone

Question 35

Beard

Answer 35

Bus conductor drove without authority so employer not liable

Question 36

Hilton

Answer 36

Took unauthorised break when event happened so employer not liable

Question 37

Smith

Answer 37

Travelling being paid for during the frolic may make employer still liable.

Question 38

Twine

Answer 38

Employer not liable as the negligence of the driver during a forbidden lift killed someone.

Question 39

Modern approach to VL

Answer 39

‘Close connection test’

Question 40

‘Close connection test’

Answer 40

Commission of the alleged tort closely connected to the employment

Question 41

Lister

Answer 41

If an employee commits a criminal act at work and there is a close connected to what employee was employed to do. Employer liable.

Question 42

Claimants

Answer 42

Independent contractor so not liable

Question 43

Morrisons

Answer 43

Employers not liable for a wrongful act.