VICARIOUS LIABILITY Flashcards
What is vicarious liability?
Where one person is liable for the tort of another.
example: employer liable for employee
What are the three elements un proving vicarious liability?
1)A tort must be committed
2)The tortfeasor must be an employee
3)The tortious act must take place ‘in the course of employment’
What are the test used in determining whether one is an employee?
-Multiples test
-Integration Test
-Sufficiently akin test
-Control test (maybe)
What is the control test?
A person is said to be a servant(worker/employee) if his employer retains a right of control on work and way he does it.
It views ‘how much control does the employer have?’
What happens in Walker V crystal Palace FC (1910)?
Footballer debated whether an employee of club or not so he could claim compensation.
As club in control of many aspects of C like training, discipline etc he is an employee.
What is the multiples test?
Consider a range of factors to determine whether there is a relationship between D1 and D2 is that of employment.
-Whether person uses own tools and equipment
-Whether they can hire their own helpers
-The degree of financial risk they take
-Is the worker paid a regular salary
-How do they pay income tax and NI
-How is the worker referred to in the contract
What happens in (Ready Mixed Concrete V Minister Of Pensions)(1968)?
Concrete company had its product transported by a team of lorry owners described as ‘owner-drivers’.
Drivers were ICs as:
They owned the lorries
Were free to hire other drivers to the work
Were not guaranteed any income and took risk whether making profit
What happens in (Carmichael V National Power(2001)?
Tour guides claimed entitled to statue by statue in contract.
They were ICs due to company not obliged to provide work and workers not obliged to take it if they wanted. This lack of MUTALITY OF OBLIGATION meant workers arent employees
What is the Integration test?
Looks at whether work can be closely linked to the core functioning of the business.
What is the Sufficiently akin test?
1) Is the relationship between D1 and D2 sufficiently akin to that employment
2) So much so its fair, just and reasonable to hold D2 responsible for the acts of D1
What does 3.1 Acting against orders tell us?
An employee will be liable for an employees acts even if they act against orders
Only exception to this is if the employee is negligent whilst doing something outside of their employment
What happens in (Limpus V London Omnibus (1863)?
-Bus drivers told not to race by employer, C got injured when bus drivers were racing each other
Employer was VL, as employees were doing their job just in a way that goes against orders.
What does 3.2 Employees Committing a Crime tell us?
If an employee commits a crime during course of employment the courts consider whether its ‘closely connected’ to the nature of employment.
If it is the employer will be VL
What does 3.4 Tortious acts during a ‘frolic of their own’?
If employee causes injury or damage to another whilst doing something outside area of work, employer not liable.
What happens in Beard V London Omnibus (1863)?
A bus conductor drove a bus without permission and injured C.
Employer not liable as it was outside what he was employed to do.
