Vicarious Liability Flashcards
What is vicarious liability?
Vicarious Liability holds an employer liable when an employee commits a Tort during employment and causes damage to the claimant.
Which case established the test for vicarious liability?
Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB
What is the two part test to establish whether the employer is vicariously liable?
1) Is there a relationship of employment or akin to employment?
2) Is there a close connection between the employment and the tort committed by the tortfeasor?
What are the traditional employee tests?
The control test, the integration test and the economic reality test
Give an example of a case satisfying the control test
Hawley v Luminar Leisure - control includes loaned out equipment and employees
What is the case for non-traditional employment tests?
Catholic Brothers Case
What is the criteria for the non-traditional employee test?
1) The employer is more likely to have means of compensation
2) The tort was committed as a result of an act being undertaken on behalf of the employer
3) The tortfeasor’s acts are part of the defendant’s business activities
4) The employer created the risk of the tort by employing tortfeasor
5) The employer has levels of control over the tortfeasor
What are the types of non-intentional torts?
1) Authorised acts
2) Authorised acts in an unauthorised manner
3) An act closely connected to the employment
4) A frolic of their own
Give an example of an authorised act
Century Insurance v Northern Ireland Road Transport Board
Give an example of an authorised act in an unauthorised manner
Limpus v London General Omnibus
Give an example of an act closely connected to employment
Mattis v Pollock
Give an example of a frolic
Storey v Aston
In which case was an employer liable for an intentional tort?
Mohamad v Morrisons
In which case was an employer not liable for an intentional tort?
Morrisons v Various Claimants
