Vicarious Liability

Question 1

Ready Mixed Concrete v Min of Pensions

Answer 1

There are multiple factors to be considered such as control, regular wage, control of hours, etc

Question 2

Mersey Docks and Harbour Board v Coggins and Griffiths Ltd

Answer 2

There is a presumption the permanent employer is liable if one employer lends an employee to another employer

Question 3

Hawley v Luminar Leisure Ltd

Answer 3

An exception to Mersey Docks is when the second employer exercises a lot of control over the tortfeasor

Question 4

Barclays Bank v Various claimants

Answer 4

With non-traditional employees look at all details of the relationship

Question 5

Cox v Ministry of Justice

Answer 5

Even relationships without formal contracts of employment may lead to vicarious liability if the tortfeasor’s work is fully integrated into D’s business, and D created a risk of harm by giving the tortfeasor that work

Question 6

Morrisons v Various claimants

Answer 6

Look at what the tortfeasor was employed to do, what they did, and if it was fair to say the tort is part of their ordinary business or if they are acting for personal reasons

Question 7

Mohamud v Morrisons Supermarket

Answer 7

The consequence was intentional, the wrongful act is closely linked to the job and is work related

Question 8

N v CC of Merseyside

Answer 8

The consequence was intentional, the wrongful act is closely linked to the job and is personal

Question 9

Twine v Beans Express

Answer 9

The consequence was not intentional, the wrongful act is closely linked to the job and is personal

Question 10

Rose v Plenty

Answer 10

The consequence was not intentional, the wrongful act is closely linked to the job and is work related

Question 11

Civil Liability (Contribution) Act 1978

Answer 11

Allows employers to reclaim the damages they have paid out to the claimant from the tortfeasor