Vicarious liability Flashcards
What is the definition?
Strict liability taught where the employer will be liable for the wrongful actions of their employee
What is a tort?
A civil or criminal wrongdoing which causes injury or loss to a claimant
What are the three elements?
The tortfeasor must be an employee, they must commit a tort and it must occur during the course of employment
What is Lady Hales’s test?
Right to refuse work, paid a fee per thing, work takes place in their own business (Barclays bank)
What is the multiple test?
Employee accepts the employer has control, tax national insurance (ready mix concrete)
What is the akin to employment test?
They are beneficial to the employer (cox)
What is the salmond test?
Employee acting against orders(limpus), employee committing a negligent act(century insurance)and frolic
What is the close connection test?
What was the nature of T’s job? And was there a sufficient connection between the job rule and the crime? (Muhammad v Morrison)
What are the five steps from the CCWS for criminal akin to employment
- Employer is likely to have means to compensate C
- Tort committed happened on result of activity taken on behalf of employer
- Employees activity is part of business activity of employer
- The employer by employing employee created risk of tort being committed
- The employee would have been under control
