Vicarious Liability

Question 1

What is Vicarious Liability?

Answer 1

Where someone other than Tortfeasor is responsible for Tort and must pay compensation.
Usually employer for employee.

Question 2

Key Elements for VL

Answer 2

• Tortfeasor is employee - not IC
• Tort is committed during course of their employment

Question 3

Tests to establish where tortfeasor is employed or not?

Answer 3

• Control Test
• Integration Test
• Multiple Test (Economic Reality)

Question 4

Explain the Control Test
- with cases

Answer 4

Does the employer control the individual?
- Mersey Docks + Harbour Board v Coggins + Griffiths

Question 5

Explain the Integration Test
- with cases

Answer 5

If persons work is fully integrated into business, they are an employee
- Stevenson, Jordan, Harrison v McDonald + Evans

Question 6

Explain the Multiple Test
- with cases

Answer 6

Looks at whole situation between worker and employer.
Three conditions to show employment relationship:
1) Employee agrees to work for a wage
2) Employee agrees to work under control of employer
3) Other contract provisions consistent with that of employment

• Ready Mixed Concrete v MPNI

Question 7

When will an employer be liable?
- Name three

Answer 7

When there’s a close connection between tort and work required of employee
- Lister v Helsey Hall

When employee does job negligently

When employee does job, but against orders
- Limpus v London General

Question 8

When won’t an employer be liable?

Answer 8

When employee is on ‘a frolic of their own’
- Hilton v Thomas Burton
- Twine v Beane express

Tort of Independent contractor (IC)
- Barclays Bank v Various Claimants