Vicarious Liability

Question 1

What are the 3 justifications for VL?

Answer 1

• Protecting the C
• Protecting the employee
• Improving safety standards

Question 2

What is the definition of Vicarious Liability?

Answer 2

A tort committed by an employee during the course of employment which makes the employer liable

Question 3

After being sued, which act can the employer then sue the employee under?

Answer 3

Civil Liability Act 1978

Question 4

What are the 3 elements to establishing VL?

Answer 4

• Wrongdoer has committed a tort
• Wrongdoer concerned has employee status
• During course of employment

Question 5

What is the difference between a contract of service and a contract for service?

Answer 5

A contract of service = employment contract
A contract for service = self-employed

Question 6

What are the 4 tests which can be used as methods of testing employee status?

Answer 6

The Control test
The Integration test
The Common Mission test
The Economic reality/ multiple test

Question 7

Explain the control test

Answer 7

An employee is a worker who is told what to do and how to do it, whereas an independent contractor would just be told what to do. Original test. Major problem = highly-skilled workers would not be told how to do their job

Question 8

What case can we use for the control test?

Answer 8

Dragonfly Consultancy Ltd V HMRC

Question 9

What is the PoL for Dragonfly Consultancy Ltd V HMRC?

Answer 9

Some degree of control over the manner in which work is done will be ‘an essential ingredient of a contract of employment’. Highly-skilled workers - control will be light handed

Question 10

Explain the Integration test

Answer 10

The more closely a worker is involved with the core business of the employer, the more likely they are to be an employee. An attempt to solve problems with the control test. But, not always certain who is integral or even what the business is

Question 11

Explain the Common Mission test

Answer 11

Does the employer have a common mission/ purpose with the worker, so that the essential purpose of the workers activities was to further the employers objective (Child Welfare Society 2012)

Question 12

Explain the Economic Reality/ multiple test

Answer 12

Having considered all the facts of a case, the court decides whether the overall picture of a worker is closer to an employee or independent contractor

Question 13

What case can be used in relation to the Economic Reality/ multiple test?

Answer 13

Ready Mix Concrete V Minister of Pensions

Question 14

What is the PoL for Ready Mix Concrete V Minister of Pensions?

Answer 14

Decided that drivers were independent contractors as they owned their own major assets and profit depended on their decisions

Question 15

What are the 3 conditions for a contract of service?

Answer 15

1. Wage or other remuneration
2. Subject to other’s control to such a degree as to make that other the master
3. Other provisions of the contract are consistent with it being a contract of service

Question 16

What 2 other factors will the court consider?

Answer 16

Regular salary or commission
Whether the worker pays income tax and NI as an employee or self-employed person

Question 17

What characteristics is an independent contractor likely to have?

Answer 17

Work from own premises, have own equipment, hire own helpers + be personally affected by investment in the business

Question 18

Explain relationships ‘akin to employment’

Answer 18

VL extended in Child Welfare Society to cover those who were not D’s employees but with whom D had a relationship ‘akin to employment’. Uses same tests as above. Particularly relevant to wrongdoers in prison and members of religious orders

Question 19

What are the 4 relevant categories held to be relationships ‘akin to employment’?

Answer 19

Foster parents and social services
Associate dentist and dental practice
Members of religious orders
A prisoner and owners/ operators of the prison

Question 20

What case relates to ‘akin to employment’?

Answer 20

Cox V MoJ

Question 21

What is the PoL for Cox V MoJ?

Answer 21

Prisoners work was ‘clearly part of the venture, enterprise or business… of the MoJ in running the prison’. The integration test was met, in addition to a degree of supervision and control exercised over the prisoner during his activities

Question 22

Explain the Salmond test

Answer 22

An employee’s wrongful conduct is in the course of employment where it consists of either;
1. A wrongful act authorised by the employer, or
2. An authorised act carried out in an improper way

Question 23

What case relates to an authorised act?

Answer 23

Poland v Parr

Question 24

What 3 cases relate to authorised acts carried out in an improper way?

Answer 24

Limpus
Century Insurance
Rose v Plenty

Question 25

What is the PoL for Poland v Parr?

Answer 25

Employer liable even though employee committed a criminal offence

Question 26

What is the PoL for Limpus?

Answer 26

Employer liable even if they expressly prohibited the employee from doing activity

Question 27

What is the PoL for Century Insurance?

Answer 27

Employer liable even if employee is doing the work negligently

Question 28

What is the PoL for Rose v Plenty?

Answer 28

Employer liable even if they tell employee not to do activity

Question 29

What test was introduced by Lister?

Answer 29

The Close Connection test

Question 30

What case confirmed the Close Connection test and made it into a two part test?

Answer 30

Mohamund v WM Morrison Supermarkets plc

Question 31

What is the 2-part test from Mohamund v WM Morrison Supermarkets plc?

Answer 31

Was what the employee did during field of activities )within nature of role?)
Was there a sufficient connection between the tort and role?

Question 32

What is the PoL for Hilton?

Answer 32

When employee ‘on a frolic’ employer not liable

Question 33

What is the PoL for Smith v Stages?

Answer 33

Travelling to and from work not usually included