Vicarious Liability Flashcards
Mersey Docks v Coggins and Griffiths
Harbour board still liable for crane driver when hired out, as still controlled by harbour board.
Ready Mixed Concrete v Minister of Pensions
Drivers not employed based on economic factors such as flexible hours and could hire others in their place.
Limpus v London General Omnibus
Bus drivers racing was authorised act carried out in unauthorised way, so company VL as it benefitted them.
Beard v London General Omnibus
Conductor not authorised to drive bus so not an authorised act. No VL.
Century Insurance v NI Transport Board
Smoking while waiting for tanker to be unloaded was still an authorised act, just done in a negligent way. Company VL.
Rose v Plenty
Company VL for milkman using child helper, as it benefitted (despite being expressly forbidden).
Twine v Beans Express
Not VL for giving lift to hitchhiker as not authorised, no benefit.
Hilton v Thomas Burton
Workmen injured in crash on unauthorised break were on ‘frolic of their own.’
Lister v Hesley Hall
Came up with close connection test after warden sexually assaulted boys under his care at boarding school.
Mattis v Pollock
Bouncer attack closely connected with duties at club, despite him going home and returning to work with knife.
Maga v Trustees of Birmingham Archdiocese of RC Church
Church liable for assault by priests as interactions closely connected to his job as youth outreach.
N v Chief Constable of Merseyside Police
Police officer who raped C - job just provided opportunity and access to woman, not closely connected to job role.
Barclays Bank case
Bank not VL for doctor’s examinations as classed as independent contractor.
Cox v MOJ
Prison VL for prisoner worker, similar to employment relationship.
Armes v Nottingham CC
Council VL for foster parents, their work is integral to council.
Barry Congregation v BXB
Member of congregation was akin to employee, not VL for rape as not connected to door visits.
Christian Brothers case
Five factors to decide VL, such as control and compensation.
Mohamud v Morrisons
VL due to close connection to customer service role.
WM Morrisons v Claimants
Not VL for unhappy employee uploading data, deliberate act.
MXX v Secondary School
Work experience akin to employment, not assaults not closely connected to placement tasks.
Bellman v Northampton Recruitment
Company VL for punch during Christmas drinks as director was asserting authority.
