Vicarious Liability Flashcards
Vicarious Liability Steps to success
intro - VL is a no fault tort - C must prove T was an employee and the tort occured when they were at work
1 - has a tort been committed? was it intentional or non intentional
2 - Employee- usual working relationship - control/ integration/ economic reality
3 - Employee- unusual relationship - modern ‘akin to employment’
4 - non intentional - salmond rule - in/ not in course of employment
5 - intentional - lister rule - closely/ not closely connected
VL - what is an intentional and non intentional tort
non - intentional = negligent act/ omission
intentional = criminal act/ omission
VL - what is the rule and case for the control test to establish is they are an employee
looks at whether employee has sufficient control over the employee. Must control task and method of performance
Hawley V Luminar = claim succeeded as had control over his work and the way he carried it out.
VL - what is the rule for the integration test to establish is they are an employee
looks at if employee is fully integrated into business
fully integrated= contract OF service - employee
accessory= contract FOR service - independent
VL - what is the rule and case for the economic reality test to establish is they are an employee
Looks at factors like:
-paid hourly
-if they have pension scheme/ holiday pay
-use work equipment
Ready Mixed Concrete - independent contractor as they own their lorrys and could send someone else
VL - what are the 5 steps for modern akin to employment test for an unusual relaionship
1- insurance
2- act must relate to activity carried out by employee
3- activity was integral part of business
4- activity created risk of tort
5- tortfeaser under employers control
