vicarious liability Flashcards
definition
where the employer is liable for the negligence of employees
1) firstly
whether worker is an employee or independent contractor
1) multiple test
READY MIX CONCRETE v MINISTER OF PENSIONS
following factors important when determining who was an employee and who was an independent contractor
first factor of multiple test
whether a wage is being paid, tax and national insurance
second factor of multiple test
who provides tools/equipment for the job
third factor of multiple test
whether the worker has to obey orders
fourth factor of multiple test
the exercise of control over how the work is being done
fifth factor of multiple test
the acceptance of any business risk
sixth factor of multiple test
the power to hire/fire assistants or replacements
if independent contractor
D will not be vicariously liable BARCLAYS BANK v VARIOUS CLAIMANTS
part 2
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
an employer will still be liable if employee was
-acting excessively (Vasey)
-negligently (Centuries insurance)
-in an unauthorised way (Rose v Plenty)
-criminal act (Morrisons v Mohamud)
-abused students (Lister v Hesley hall)
an employer will not be liable if employee was
-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)
Side rule- traveling to and from work
employer may be liable if employee is being paid to travel or is given travel expenses (Smith v Stages)
