Vicarious Liability Flashcards
What is VL?
When an employer can be sued for the acts/omissions(tort) of an employee
what must be satisfied in order to be VL
1.tort committed by employee
2.employment status
3. in the course of employment
What does the class of Poland V Parr say
tort can be expressly or impliedly committed by an individual
if there is no tort can the employer be VL?
no
What did Lady Hale say in Barclays Bank Plc V Various Cs about ICs in Employment Status ?
‘If a contractor is carrying out his/her independent business, not necessary to carry out various tests’ if IC=no VL
What else did Lady Hale say about employment status ?
if ‘a relationship between 2 persons making it proper for law to make one pay for fault of the other’ & ‘a connection between relationship and Ds wrongdoing’ consider ES
What are the 2 types of ways you can establish ES?
1.Clear contract of service
2.Ambiguous contract of Service- ‘akin to employment’
What are the 3 tests for clear contract & cases?
1.Control test (Yeowans V Noakes)
2.IntegrationTest (L Denning, SJH V Me)
3.Economic Reality Test ( Ready MC V Ministor P&NI)
What is the control test & case?
more control an employer has over staff (what t do, how/when t do it) more likely they’re employees- Mersey Docks V Coggins
What is the integration test and case?
are they integral to the running of the organisation or just an accessory?
closer to business more likely employee
What are the 3 conditions in the economic reality test?
a) employee agrees to work for a wage
b) expressly/impliedly accepts will be under control to make the other, master
c) all elements inconsistent with service FOR service (IC)
What is the case for ambiguous contract of service?
L Phillips in Catholic Child Welfare Society V Various Cs
What is the 1/5 criteria for ambiguous contract
Employer more likely to have means to compensate C
what is condition 2/5 for ambiguous contract
tory committed as result of activity on behalf of the employer
What is condition 3/5 for and ambiguous contract
activity likely to be a part of the business activity
What is condition 4/5 for an ambiguous contract?
by employing employee the employer created the risk of the tort
What is condition 5/5 for an ambiguous contract?
employee to greater/lesser degree been under control of employer
what does the case of Institute of Brothers of the Christian Schools say
employment status covers situations of abuse by people in positions of authority
What does the case of Cox V Ministry of Justice say?
employment status covers situationsd situations where employer acting in a voluntary capacity ?
What does the case of Armes V Nottingham CC say ?
employment status covers situations when the local authority has control over Ds actions
What are the 2 types of tort in ‘in course of employment’
intentional tort
Non- intentional tort
Intentional tort
What is Lord Salmon relevant to
creating the criteria for non-intentional torts
What is the first condition for Non-intentional tort & case
was the employer acting against orders (Rose V Plenty)
What is the 2nd condition under non-intentional tort & case
was the employer acting outside the employment? (Twine V Bean Express)
What is the 3rd condition for non-intentional tort and case
was the employee acting negligently (Century Insurance V Pensions and NI)
What is the last condition under non intentional tort and case
was the employer on a ‘frolic of their own’= no VL Hilton V Thomas Burton
What is the case for Intentioanl tort
Lister V Hesley Hall asks 2 questions
What are the 2 questions in Lister V Hesley Hall for Intentional torts & case
•in a relationship akin to/ of employment
•was tort closely connected to employment (CCWS V VCs)
What does the case of WM Morrisons Plc V VCs say
there is no VL if tort committed was intentional vengeance
