Vicarious Liability Flashcards
What is vicarious liability
Based on an employer being liable for the actions of employees when they commit a tort
What is the main remedy VL?
Compensation
What is the 2 part test for VL
- Are they an employer or have a relationship that is akin to
- There must be a close connection between the relationship and the tortfeasors wrongful action
What ate the 3 traditional tests of employment?
1.Control test
2. Integration test
3. Economic factors test
Explain control test
This test loooks at wether the employer has sufficient control over the employee
Meresy docks
Company hires a crane that comes with a driver the driver then injures someone
People that provided the company with the driver are liable as they control the driver
Explain integration test
Looks at wether the employees work is fully integrated into the business or not
Eg: teachers are as school couldn’t operate without them
Explain economic factors test
Takes into account several factors like: salary, deductions, tools, deductions
Ready mix concrete
If we (company) paying the national insurance then you are an employee
Not an employee as just hiring the truck not paying NI
Explain lady hales akin to employment tests
Accountability - how accountable is the employer for that person
How integrated they are into the business structure
What is lord phillips 5 criteria
- Means to compensate - employer has more money
- Created risk - employer has created a risk by having employee on site
- Element of control - employer has some control over the employee
- Business activity - part of the day to day activities
- Benefit the business - what the employee does, benefited the employer/buisness
Barclays
Hires doctor bates who sexually abused the employees
Supreme Court said doctors was ‘self employed’ as he: unvoiced Barclays only took up 5% of his work operating out of his own home
What are 3 things that are closely connected
- Authorised acts
- Authorised acts in a negligent way
- Doing your role in an unauthorised manner to benefit the business
Explain authorised acts
Allowed to do as its been expressed or implied by the boss/company
Poland
Thrift tried to steal goods from a van and employee hit thrift to deter
Authorised act as it was implied the employee should protect the stock
Century insurance (authorised acts but negligent)
Petrol tank filling up station pumps
Worker has a cig causing explosion
Liable as he was doing an unauthorised job but negligently as should know not to smoke
Limpus (benefits business)
Boss told drivers not to race, busses still raced around London resulting in a crash
Liable as driver was still benefitting the company
Things not closely connected
- Outside the scope
- Frolic
Explain closely connected
Doing something that is not in their role
Morrisons 2
Poor HR employee, hacked into payroll and tried to sell all employers details
Not liable as hacking the payroll was not closely connected to HR
Explain frolic
Doing your own thing
Hilton
Employee went to cage on lunch and caused a crash Liable
Not liable as was on unpaid time and no connection to job
