Vicarious Liability Flashcards
1
Q
Vicarious Liability
A
Occurs when A is financially liable for B’s loss or harmful actions.
2
Q
Test
A
- Test to determine if employee or contractor
- Linking the job to the tort
3
Q
Requirement 1- Intention test
A
What did the parties intend?
4
Q
Requirement 1 - Control vs Independence
A
Does A have the right to tell B what to do and how to do it?
5
Q
Requirement 1 - Integration
A
How integrated is B into A’s organisation?
6
Q
Requirement 1 - Fundamentality
A
Who takes the financial risks?
If you are contributing money to providing the service then that sounds more like a contractor.
7
Q
Requirement 2
A
Employer only vicariously liable if tort committed within scope of environment.
Is the wrongful act linked to the employee’s job duties in a way that makes the employer responsible?
