Vicarious Liability^

Question 1

Vicarious Liability

Answer 1

a third party has a legal responsibility for the unlawful actions of another
employee & employer, where the employer has a degree of control

Question 2

Key Questions

Answer 2

Was the person who committed the tort employed by the defendant?
Was the tort committed in the course of that employment?

Question 3

The Control Test 1946

Answer 3

The courts look at who has control over the way that the work is done

Question 4

Factors of The Control Test 1946

Answer 4

Hours
Methods
- does the employer tell employee how to work or choose themselves
Skilled Work
- if hard, then test is less effective

Question 5

Integration Test 1952

Answer 5

does the person work an integral part of business or is it merely ancillary to it?

Question 6

Factors of The Integration Test 1952

Answer 6

How central is the person’s work to the core business?
Does the person performs a role that is usually the employee’s
Is the person subject to the organisation’s rules, procedures?
Does the person represent the organisation to the outside world?

Question 7

Economic Reality Test 1968

Answer 7

considers all factor in deciding is someone is an employee
Factors in Ready Mixed Concrete V Minister of Pensions

Question 8

Ready Mixed Concrete V Minister of Pensions

Answer 8

gave 3 conditions to be an employee
provide skills for wage
accepts the work is subject to the control of the employer
other terms in the contract are consistent with it being a contract of service not for service

Question 9

Akin To Employment Test

Answer 9

to be held VL, there doesn’t need to be a employer & employee relationship
as long as its similar to Cox V Minister of Justice

Question 10

Cox V Minister of Justice

Answer 10

the prison service vicariously liable for the wrongdoings of a prisoner

Question 11

Only Liable…

Answer 11

employer only liable for torts than an employee commits during the course of their employment

Question 12

Factors to be Liable

Answer 12

carrying out an expressly/ impliedly authorised acts
does an authorised act in an unauthorised way
does an authorised act in a purely careless manner
employer benefits from the tort

Question 13

Poland V Parr

Answer 13

employee is carrying out expressly/impliedly authorised acts

Question 14

Limpus V London General Omnibus

Answer 14

employee does an authorised act in an unathorised way

Question 15

Century Insurance V Northern Ireland Transport Board

Answer 15

employee does an authorised act in a purely careless manner

Question 16

Rose V Plenty

Answer 16

employer benefits from the tort

Question 17

Not in The Course Of Employment

Answer 17

employer may avoid liability when it could be shown the employee was:
acting outside of the scope of their employment
acting on a ‘frolic on his own’
giving unauthorised lifts

Question 18

Beard V London General Omnibus

Answer 18

acting outside of the scope of their employment

Question 19

Hilton V Thomas Burton

Answer 19

acting on a ‘frolic on his own’

Question 20

Twine V Beans Express

Answer 20

giving unauthorised lifts

Question 21

The Close Connection Test

Answer 21

employer may be liable for a child that’s connected to the employee’s job

Question 22

Lister V Hesley Hall

Answer 22

close connection to job and crime, so employer held liable
during the course of employment
- on school, during school hours