Vicarious Liability

Question 1

definition

Answer 1

when the employer is liable for the employees actions

Question 2

Case confirming stages

Answer 2

Trustees of Barry Congregation for VL claims

Question 3

stage 1

Answer 3

establish whether worker is traditional employee, akin to employment or IC

Question 4

Traditional employment

Answer 4

Multiple test established in Ready Mix Concrete
1 tools equipment
2 accepts business risk
3 has control over how work is done
4 wage NI tax
5 power to hire fire assistants
6 WORKER HAS TO OBEY ORDERS

Question 5

Akin to employment (Christian brothers)

Answer 5

1. by employing employee, employer created risk
   2 acts likely to be on behalf on employee
   3 insurance to compensate victim
   4 activity is likely to be part of business activity of employer
   5 under control of employer

Question 6

Indep c

Answer 6

barclays v various c
end here

Question 7

stage 2

Answer 7

were the cs acts so closely connected to acts they were authorised to do that it can be regarded as being in the course of their employment (MORRISONS V VARIOUS C)

Question 8

Employer still liable if

Answer 8

Excessively (Vasey)
Negligently (Centuries Insurance)
Unauthorised Way (Rose v Plenty)
Criminal acts (Morrisons v Muhammad)
Abuse towards students - (Lister v Hensley Hall)

Question 9

Employer not liable if acts not closely connected to employment

Answer 9

Something completely unrelated to job (Heasemans v Clarity Cleaning)
Frolic of their own - (Storey v Ashton)
Personal Vendetta (Morrisons v VC)
Abuse to colleges outside of work (Trustees of Barry Congregation)