Vicarious Liability

Question 1

Vicarious liability

Answer 1

Where a 3rd person has legal responsibility for the actions of another

Question 2

Nature and purpose

Answer 2

Employers are vicariously liable for the torts of their employees if they are committed during the course of employment

Question 3

Policy reasons for the liability of employer:

Answer 3

Employers are more likely to have the means to compensate victims
Tort will have been committed as a result of an activity carried out on behalf of the employer
The employee will to some degree have been under the “control” of the employer

Question 4

Following must be proven:

Answer 4

Was a tort committed
Was the tort carried out by an employee
Was the employee acting in the course of employment in the course of employment when the tort was committed

Question 5

Acting in the course of employment

Answer 5

Employer will only be liable for torts which the employee commits in the course of employment
Applies to:
Wrongful acts which are actually authorised by the employer
Acts which are wrongful ways of doing something authorised by the employer

Question 6

Acting in the course of employment
Close connection test

Answer 6

Establishes the connection between the work the employee was employed to do and the tortious conduct
What is the nature of the jobs b
Was there a sufficient connection between employee and wrongful conduct
Mohamud v wM Morrison supermarket

Question 7

Working outside course of employment

Answer 7

Frolic of their own

Question 8

Can a contractor be an employee

Answer 8

Traditionally employers will only be liable for torts of their employees not for independent contractors

Question 9

Can a contractor be an employee
Exception

Answer 9

Cox v ministry of justice
Set out that in some cases contractors can create liability for either employee if:
Harm is wrongfully done by an individual
The activity is an integral part of the business activities carried on by a D and for the employers benefit
Where the wrongful act is a risk created by the D as they assigned those activities to the contractor

Question 10

Deduction of wages

Answer 10

If the tort is committed by an employer acting in the course of employment then the employer will be liable to pay compensation to the injured person
Civil liability act 1978 - employers can recover compensation by deduction from their wages

Question 11

Vicarious liability and fault

Answer 11

If the person who commits the tort is employed and acting in the course of employment, the employer will be liable without proof

Question 12

The employer is at fault because:

Answer 12

Employer has chose an employee who is liable to or who could commit to a tort at work
Training for the job may be inadequate or inappropriate
Employer should have supervised the employee more effectively