Vicarious Liability Flashcards
What is vicarious liability?
Where one person (usually the employer) is responsible for another (usually the employee).
Who does the claimant sue when they are injured?
The employer or company instead of the employee.
What is the employee called in this situation?
The tortfeasor.
What do unintentional torts include?
Tests to work out the status of the employment.
What are the tests used to work out the status of the employment?
- The control test.
- The integration test.
- The economic reality test.
What happened in Hawley?
What happened in Stevenson?
What happened in Ready Mixed Concrete?
What do the tests decide?
- If the employer has control over the tortfeasor.
- If the tortfeasor is integrated into the business.
- Whether the tortfeasor is an employee or an independent contractor.
What happens once employment is established?
The courts decide whether the tort was committed whilst the employee was acting within the course of their employment.
What happens if the employee was acting within the course of their employment?
The employer is vicariously liable.
When aren’t employers liable?
If they are acting against orders.
What happens if an employee is negligent?
As long as they were doing their job negligently the employer is still liable.
What happens if an employee is acting on a frolic of their own?
The employer or company isn’t vicariously liable.
What is meant by acting on a frolic of their own?
When an employee is acting completely out of their contracted job.
What are the two tests for intentional torts?
- Has to be akin to employment.
- Has to pass the close connection test.
What makes a relationship akin to employment?
- The employer has more money.
- The tort committed had happened as a result of an activity the employee was doing on behalf of the employer.
- The activity is likely to have been part of the business activity.
- The employer has to have created the risk of the act being committed by hiring the employee.
- The employee must be under control of the employer.
What does the close connection test work out?
If the employees wrongful conduct was so closely connected with the act they were authorised to do so.
