vicarious liability

Question 1

definition

Answer 1

where the employer is liable for the negligence of employees two conditions must be proven (TRUSTEES OF BARRY CONGREGATION)

Question 2

stage 1: a relationship must be established

Answer 2

must be established whether the worker is an independent contractor or an employee, establishing a relationship makes it fair just and reasonable to find the defendant responsible

Question 3

1) multiple test for traditional relationships

Answer 3

READY MIX CONCRETE v MINISTER OF PENSIONS
following factors important when determining who was an employee and who was an independent contractor
1. whether wage is being paid with tax and national insurance deducted
2. whether the T supplies the tools and equipment
3.whether the T has to obey orders
4. does the T exercise control over how to work is being done
5. does the T have the power to hire or fire

Question 4

2) in doubtful cases the akin test is used established in Christian Brothers

Answer 4

1. does the T have insurance
2. was the act committed by the employee on behalf of an employer
3. the employee was under the control of an employer
4. the employer employing the employee created the risk of the act being committed

Question 5

3) if the D does not fit into either the multiple test or akin test they are an independent contractor

Answer 5

D will not be vicariously liable BARCLAYS BANK v VARIOUS CLAIMANTS

Question 6

stage 2: close connection and course of employment

Answer 6

were the employees acts so closely connected with acts the employee was authorised to do that it may be fairly regarded as being done in the ordinary course of employment (MORRISONS v VARIOUS CLAIMANTS) this establishes a link between the wrongful conduct and authorised acts

Question 7

an employer will still be liable if employee was

Answer 7

-acting excessively (Vasey)
-negligently (Centuries insurance)
-in an unauthorised way (Rose v Plenty)
-criminal act (Morrisons v Mohamud)
-abused students (Lister v Hesley hall)
- abuse towards adults (TRUSTEES OF BARRY CONGREGATION)

Question 8

an employer will not be liable if employee was

Answer 8

-doing something completely unrelated to job (Hasemans v Clarity cleaning)
-committing a frolic of their own (storey v ashton)
-personal vendetta (Morrisons v Various claimants)
- abuse towards colleague or adult outside of work (trustee’s of Barry congregation)

Question 9

Side rule- traveling to and from work

Answer 9

employer may be liable if employee is being paid to travel or is given travel expenses (Smith v Stages)