Vicarious Liability^ Flashcards
Vicarious Liability
a third party has a legal responsibility for the unlawful actions of another
employee & employer, where the employer has a degree of control
Key Questions
Was the person who committed the tort employed by the defendant?
Was the tort committed in the course of that employment?
The Control Test 1946
The courts look at who has control over the way that the work is done
hours, methods
skilled work - if hard, then test is less effective
Integration Test 1952
does the person work an integral part of business or is it merely ancillary to it?
Economic Reality Test 1968
considers all factor in deciding is someone is an employee
Factors in Ready Mixed Concrete V Minister of Pensions
Ready Mixed Concrete V Minister of Pensions
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
Akin To Employment Test
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
Cox V Minister of Justice
the prison service vicariously liable for the wrongdoings of a prisoner
Factors to be Liable
(tort committed during the course of employment)
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
Poland V Parr
employee is carrying out expressly/impliedly authorised acts
Limpus V London General Omnibus
employee does an authorised act in an unathorised way
Century Insurance V Northern Ireland Transport Board
employee does an authorised act in a purely careless manner
Rose V Plenty
employer benefits from the tort
Not in The Course Of Employment
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
Beard V London General Omnibus
acting outside of the scope of their employment
