Vicarious Liability Flashcards
How is vicarious liability defined?
Vicarious liability imposes liability onto an employer for the wrongful actions of their employee or somebody akin to an employee
What Is a strict liability tort?
The employer does not require any knowledge to be liable for the actions of the employee
What does lady hales guidance ask?
Is it clear that the defendant is carrying out their own business, are they
- paid a fee per thing
-a right to refuse
- take place in his own business
Barclays bank V various claimants
What does the control test ask?
can the employer tell the employee what to do and how to do it?
Mersey fold
What does the multiple test ask?
- the employee provides a skill in return for a wage
- expressly or impliedly accepts the work
- consistent within there rights of their employment contract
Ready mix concrete v minister of pensions
What are examples of analogous situations?
- ER created the risk
- statutory duty/ carrying out business activity
- carrying out the function of a business
- aims and objectives of the business and furthering goals
What does the Salmond test ask?
was the tort committed during the course of employment?
- Was the employee acting against orders- where they were expressly told not to act in a certain way
Rose V Plenty
2.Employee committed a negligent act- when an employee does his role in a. negligent way the employer will be liable
Century insurance
- frolic- when an employee embarks on a frolic of their Owen without the permission of their employer
Twine V Beans express
What is the test for close connection?
- what was the nature of tortfeasors job?
- was their a sufficient connection between the position they were employed to do and the conduct?
Mohamed v Morrisons
