Vicarious Liability Flashcards
What is the rule of vicarious liability?
One person is liable for the torts of another.
Who is vicariously liable for the torts of an employee?
An employer.
Is the employee also liable in cases of vicarious liability?
Yes, the employee is primarily liable and remains liable as well as the employer.
What conditions must be satisfied for an employer to be vicariously liable?
Two conditions must be satisfied:
1. The tort must be committed by the employee.
2. This must be done ‘in the course of the employee’s employment’.
What type of tort may an employer be vicariously liable for?
Negligence, Economic Loss, Psychiatric Injury, Occupiers Liability, Private Nuisance, Rylands v Fletcher
What is the distinction made by law between types of workers?
The law distinguishes between employees and independent contractors.
For whom is the employer vicariously liable?
The employer is only vicariously liable for the torts of employees, not for those of independent contractors.
What is the Control Test?
Assesses what to do and how to do it based on the employer’s control.
What is the Multiple Test / Economic Reality Test?
This is the approach favored to determine employment status.
What conditions did the court set out in Ready Mix Concrete v Minister of Pensions to be considered an employee?
1) A person agrees to provide work in return for payment.
2) A person agrees expressly or impliedly to be under the employer’s control.
What factors determine if someone is an employee or an independent contractor?
- Method of payment
- Who provides the tools/equipment for the job
- The exercise of control over how the work is being done/hours
- The power to hire/fire assistants or replacements
What is vicarious liability?
An employer is held responsible for the actions of an employee performed within the course of their employment.
What is the connection test in recent developments?
If there is a relationship ‘akin to employment’ in cases where there is no traditional employment relationship.
What was established in the case of Cox v Ministry of Justice (2016)?
An employer is VL if the employee’s actions is for the D’s business & benefit
What is the significance of the case Viasystems v Thermal Transfer?
This case illustrates that multiple employers can be vicariously liable if they both exert control over the employee.
What are torts committed in the course of employment?
An employee carries out an authorized act but in an unauthorized manner, acting against orders.
What happens if an employee is doing authorized work negligently?
An employer may be liable for the employee’s negligence.
Case: Century Insurance V Northern Ireland Road Transport
Are employees covered for torts committed while traveling to and from work?
Not in the course of employment, unless the employee is being paid or given travel.
What indicates an employee is outside the scope of employment?
Taking a detour for their own.
What is the implication of an employee failing to follow instructions?
The employer would not be liable if the employee is on a ‘frolic of his own’.
Example: MILTON/TWINE/HEASEMANS case.
What is the principle of vicarious liability in relation to employee criminal acts?
An employee may be liable for a criminal act committed during their work if there is a close connection between the crime and their employment.
What case established the close connection principle in vicarious liability?
There was a close connection between the employee’s job and the actions leading to liability.
What was the outcome of the case N v Chief Constable of Merseyside regarding vicarious liability?
The employer was not VL as there was no close connection between the officer’s employment and his actions.
What is the aim of damages in tort law?
The aim is to put the claimant in the position they would have been in if the tort had not been committed.
What types of damages can a claimant claim for?
A claimant can claim for both general and special damages.
Is a remoteness test needed for special damages?
No remoteness test is needed for special damages.
