Vicarious Liability

Question 1

employers are

Answer 1

vicariously liable for the torts of their employees committed during the course of employment. the reasons for this are reiterated by lord Phillips

Question 2

1)

Answer 2

the employer is more likely to have the means to compensate the victim than the the employee and can be expected to have insured against that liability

Question 3

2)

Answer 3

the tort will have been committed as a result of activity being performed by the employee on behalf of the employer

Question 4

3)

Answer 4

the employees activity is likeley to be apart of the business activity of the employer

Question 5

4)

Answer 5

the employer, by employing the employee will have created the risk of the tort committed by the employee

Question 6

5)

Answer 6

the employee will have, to a greater or lesser degree, been under the control of the employer

Question 7

three questions must be asked in order to establish liability

Answer 7

1) was a tort committed 2) was the tortfeasor an employee 3) was the employee acting in the course of employment

Question 8

an employer will only be liable for torts committed by the employee acting in the course of employment, the there is doubt about this the court will use

Answer 8

the close connection test

Question 9

close connection test

Answer 9

1) what function or field of activities were entrusted by the employer to the employee 2) was there a sufficient connection between the position the employee was employed under and the wrongful conduct

Question 10

mohammed v WM morrisons supermarkets

Answer 10

yes the employee was acting under the house of his employment

Question 11

Morrisons supermarkets v various claimants

Answer 11

personal motive meant the close connection test was not satisfied