Vicarious Liability

Question 1

Define vicarious liability

Answer 1

when the law makes one party liable for the tort of another

Question 2

What is VL usually in the con text of?

Answer 2

employer/employee context

Question 3

What kind of tort is VL?

Answer 3

strict liability tort and does not require the proof of fault on the part of the employer

Question 4

the tortfeasor must be an employee not an..

Answer 4

independent contractor

Question 5

Name the four tests used to determine whether a TF is an EE or an independent contractor

Answer 5

• The control test
• The integration or Organisation test
• The multiple economic reality test
• Akin to employment test

Question 6

What is the control test?

Answer 6

A worker is an employee if the employer tells them what to do and how to do it

Question 7

Name the case for the control test

Answer 7

Walker v Crystal Palace Football Club

Question 8

Main facts of Walker v Crystal Palace Football Club

Answer 8

A football player was an employee because his employer maintained a high degree of control over his training and procedures

Question 9

What is the integration or organisation test?

Answer 9

Where a worker is more likely to be considered an employee the more integral they are to the business

Question 10

Name the key case for integration/organisation test

Answer 10

Stevenson v McDonald

Question 11

Who established integration test in Stevenson v McDonald/

Answer 11

Lord Denning

Question 12

What is the multiple economic reality test?

Answer 12

where the court will weigh factors indicative of an employee against factors indicative of an independent contractor and decide which outweighs the other

Question 13

Name the key case for multiple economic reality test

Answer 13

Ready Mixed Concrete v Minister of Pensions

Question 14

Main facts of Ready Mixed Concrete v Minister of Pensions

Answer 14

Workers were considered independent contractors as they owned their own major assets and profit depended on their own decisions.

Question 15

What case reinstated an ‘independent contractor’ defence?

Answer 15

Barclays Bank v Various Claimants

Question 16

Main facts of Barclays Bank v Various Claimants

Answer 16

Because the doctor was paid per report, was free to refuse work and carried his own insurance he was not classed as an employee and the employers were not liable.

Question 17

When is the akin to employment test used?

Answer 17

When there is not a ‘normal’ relationship of employment

Question 18

Key case for akin to employment test?

Answer 18

Cox v MOJ

Question 19

Main facts of Cox v MOJ

Answer 19

a prisoner was treated as an employee of the Ministry of Justice as the relationship between prisoner working in the kitchen and the MOJ was ‘akin to employment’.

Question 20

Name the first criteria needed for akin to employment

Answer 20

D has the means to compensate the TF and can be expected to be insured.

Question 21

Name the second criteria needed for akin to employment

Answer 21

the tort was committed as a result of activity being undertaken by the employee on behalf of the employer

Question 22

Name the third criteria needed for akin to employment

Answer 22

the activity was likely part of the business of the D (even if not for profit)

Question 23

Name the fourth criteria needed for akin to employment

Answer 23

the employer, by employing the employee to carry on the activity will have created the risk of the tort being committed.

Question 24

Name the fifth criteria needed for akin to employment

Answer 24

the employee is, to a greater or less degree, under the control of the employer