Vicarious Liability Flashcards
Definition of vicarious liability?
Where a third party has legal responsibility for the unlawful actions of another
Why if there no defence for vicarious liability?
One of strict liability
Tests for Vicarious Liability?
Control Test
Integration Test
Economic Reality Test
Control Test definition and case regarding Vicarious Liability?
Master had the right to control what the employee did and the way in which it was done
Yewens v Noakes
Integration Test definition and cases for Vicarious Liability?
Workers will be an employee if their work is fully integrated into the business
Stevenson Jordon and Harrison Ltd v McDonalds and Evans
Economic Reality Test definition and case for Vicarious Liability?
Factors which indicate employment or self employment
Ready Mixed Concrete Ltd v Minister of Pensions and National Insurance
Determining if someone is employed or self employed for Vicarious Liability?
Ownership of tools
Method of payment
Tax, National Insurance considered
Any job description
Any independence in doing a job
Case in point of law in recent developments for Vicarious Liability?
E v English Province of Our Lady of Charity
- relationship akin to employment
- sufficiently close connection
- fair and just to impose liability on the D
Acting in course of employment for Vicarious Liability?
Acting against orders
Employee committing a criminal act
Employee committing a negligent act
Employee acting on a “frolic”
Case for acting against orders in Vicarious Liability?
Rose v Plenty
Beard v London General Omnibus Co - employer not liable if conductor was doing something outside course of employment
Case for employees committing a criminal act for Vicarious Liability?
Lister v Hesley Hall - is there is a close connection with job then employer can be liable
Case for employees committing a negligent act for Vicarious Liability?
Century Insurance Co Ltd v Northern Ireland Road Transport Board
Case for employees acting on a “frolic” for Vicarious Liability?
Hilton v Thomas Borton Ltd - liable if acting in course of employment
What Act states employer can recover compensation paid out by employee e.g deduction of wages for Vicarious Liability?
Civil Liability Act 1978
