Vicarious Liability

Question 1

What is VL?

Answer 1

When an employer can be sued for the acts/omissions(tort) of an employee

Question 2

what must be satisfied in order to be VL

Answer 2

1.tort committed by employee
2.employment status
3. in the course of employment

Question 3

What does the class of Poland V Parr say

Answer 3

tort can be expressly or impliedly committed by an individual

Question 4

if there is no tort can the employer be VL?

Answer 4

no

Question 5

What did Lady Hale say in Barclays Bank Plc V Various Cs about ICs in Employment Status ?

Answer 5

‘If a contractor is carrying out his/her independent business, not necessary to carry out various tests’ if IC=no VL

Question 6

What else did Lady Hale say about employment status ?

Answer 6

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

Question 7

What are the 2 types of ways you can establish ES?

Answer 7

1.Clear contract of service
2.Ambiguous contract of Service- ‘akin to employment’

Question 8

What are the 3 tests for clear contract & cases?

Answer 8

1.Control test (Yeowans V Noakes)
2.IntegrationTest (L Denning, SJH V Me)
3.Economic Reality Test ( Ready MC V Ministor P&NI)

Question 9

What is the control test & case?

Answer 9

more control an employer has over staff (what t do, how/when t do it) more likely they’re employees- Mersey Docks V Coggins

Question 10

What is the integration test and case?

Answer 10

are they integral to the running of the organisation or just an accessory?
closer to business more likely employee

Question 11

What are the 3 conditions in the economic reality test?

Answer 11

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)

Question 12

What is the case for ambiguous contract of service?

Answer 12

L Phillips in Catholic Child Welfare Society V Various Cs

Question 13

What is the 1/5 criteria for ambiguous contract

Answer 13

Employer more likely to have means to compensate C

Question 14

what is condition 2/5 for ambiguous contract

Answer 14

tory committed as result of activity on behalf of the employer

Question 15

What is condition 3/5 for and ambiguous contract

Answer 15

activity likely to be a part of the business activity

Question 16

What is condition 4/5 for an ambiguous contract?

Answer 16

by employing employee the employer created the risk of the tort

Question 17

What is condition 5/5 for an ambiguous contract?

Answer 17

employee to greater/lesser degree been under control of employer

Question 18

what does the case of Institute of Brothers of the Christian Schools say

Answer 18

employment status covers situations of abuse by people in positions of authority

Question 19

What does the case of Cox V Ministry of Justice say?

Answer 19

employment status covers situationsd situations where employer acting in a voluntary capacity ?

Question 20

What does the case of Armes V Nottingham CC say ?

Answer 20

employment status covers situations when the local authority has control over Ds actions

Question 21

What are the 2 types of tort in ‘in course of employment’

Answer 21

intentional tort
Non- intentional tort
Intentional tort

Question 22

What is Lord Salmon relevant to

Answer 22

creating the criteria for non-intentional torts

Question 23

What is the first condition for Non-intentional tort & case

Answer 23

was the employer acting against orders (Rose V Plenty)

Question 24

What is the 2nd condition under non-intentional tort & case

Answer 24

was the employer acting outside the employment? (Twine V Bean Express)

Question 25

What is the 3rd condition for non-intentional tort and case

Answer 25

was the employee acting negligently (Century Insurance V Pensions and NI)

Question 26

What is the last condition under non intentional tort and case

Answer 26

was the employer on a ‘frolic of their own’= no VL Hilton V Thomas Burton

Question 27

What is the case for Intentioanl tort

Answer 27

Lister V Hesley Hall asks 2 questions

Question 28

What are the 2 questions in Lister V Hesley Hall for Intentional torts & case

Answer 28

•in a relationship akin to/ of employment
•was tort closely connected to employment (CCWS V VCs)

Question 29

What does the case of WM Morrisons Plc V VCs say

Answer 29

there is no VL if tort committed was intentional vengeance