Vicarious Liability Flashcards
What is Vicarious Liability
A third party who has legal responsibility for the unlawful actions of another.
3 Elements of Vicarious Liability
A tort was committed
By an employee
During the course of their employment
Tests for establishing employment status
The control test - Yewen v Oakes
The organisation test - Stevenson, Jordan and Harrison v Macdonald and Evans
The multiple test - Ready mix concrete v Minister of Pensions
Sufficiently close test - Cox v MOJ
the three conditions from the multiple test
- Employee agrees to provide a skill in return for a wage
2.employer exercises a degree of control - the employee cannot delegate work to anyone else
rule established in Century Insurance v Northern Ireland Transport board
an employer will still be vicariously liable when an employee is doing his job in a negligent way
rule established in rose v plenty
an employer will be held liable when doing his job even if disobeying orders
Frolic of his own
Storey V Ashton
