Vicarious Liability Flashcards
Vicarious liability is…
Where the D is responsible for the tort of another
Order
C committed tort and C suffered injury, T must be employee or akin to employment, the T must be acting in the course of employment, frolic of his own, remedies
1
The tortfeasor must have committed a tort rather than a crime: has C suffered an injury or loss (Poland v Parr)
2
T must be an employee or akin to employment
2 - Employee
Control test, integration test, multiple test
2 - Control test
Employees are told what to do and how to do it (Hawley v Luminar Leisure)
2 - Integration test
The more closely a worker is involved with the core business the more likely he is to be an employee(SJH v McDonald and Evan’s)
2 - Multiple test
Considers factors to determine whether a worker is an employee or independent contractor (Readymix Concrete v Minister Of Pensions). Control, personal performance (Echo+Express Publication v Tanton), mutuality of obligation (Carmicheal v National Power)
2 - Akin to employment
(Catholic Brothers) set out 5 criteria: employer is more likely to have means to compensate, tort committed as a result of the activity, activity likely to be part of business activity, employer created the risk, employee will be under control of the employer
2 - Independent contractor
Commits a tort during the course of employment the independent contractor remains liable for their own tort (Barclays v Various Claimants)
3
The tortfeasor must be acting in the course of employment :is the tort committed in the course of employment or closely connected
3 - In the course of employment
The old (salmon) test: an authorised act done in a wrongful and unauthorised way (Century Insurance v NIRTB), an authorised act dine in an expressly forbidden way (Rose v Plenty), an authorised act: if the act is unauthorised then the D will be vicariously liable (Beard v LGO), acting negligently-employer can still be liable if employee is acting against orders but is doing there job (Century Insurance v NIRTB)
3 - Closely connected
There must be a close connection between that relationship and the wrongdoing which was done (Dubai Aluminium v Salaam)
Frolic of his own
D will not be vicariously liable if the T was on the frolic of his own and not on the course of employment (Twine v Beans Express),D will be liable if it benefits the company (Rose v Plenty)
Remedy
Damages: if the employer has to pay damages, then this can be recovered from the employee under the civil liability (constributory) act 1978
