Vicarious Liability

Question 1

Ready Mixed Concrete v Minister of Pensions and National Insurance (1963)

Answer 1

Ownership of the lorry was pivotal point; independent contractor

Question 2

Market Investigations v Ministry of Social Security (1969)

Answer 2

Economic reality test:

• Is there a pay day?
• Substance of the relationship
• Who provides the tools?
• Who takes the risks?
• Does the worker take profits?

Question 3

JGE v Porsmouth Roman Catholic Diocesan Trust (2012)

Answer 3

Test of being “akin” to employment, is it fair to hold the employer accountable?

Question 4

Cox v Ministry of Justice (2014)

Answer 4

Prison workers are employees as would need employees if the prisoners did not do job

Question 5

Mersey Docks v Coggins and Griffiths (1947)

Answer 5

Generally main employers is liable; whoever has the sufficient degree of control (there has been confusion when applying this test see: VIA Systems v Thermal Transfer Ltd)

Question 6

Catholic Welfare Society v Various Claimants (2012)

Answer 6

Analyse the relationship of the tort with the work.
Stage 1: relationship test, is the relationship capable of giving rise to vicarious liability?
Stage 2: the course of employment test
Five elements that make it fair just and reasonable to impose vicarious liability:
i) the employer has the means to compensate and can be expected to be insured
ii) the tort was committed in the course of activities undertaken on behalf of the employer
iii) the perpetrator’s activity was part of the business activity ‘business integration test’
iv) the employer, by engaging the perpetrator to carry out the activity, created a risk that the tort might be committed (enterprise risk) [progressively becoming more popular]
v) the perpetrator was, to a greater or lesser degree, under the control of the employer
Gilliker: the law is multi-layered so several elements are more appropriate

Question 7

Lister v Hesley Hall Ltd (2002)

Answer 7

Is it fair and just to hold the employer liable?

Question 8

Century Insurance v Northern Ireland RTB (1942)

Answer 8

Not employed to smoke but was expected/common practice

Question 9

Smith v Stages (1989)

Answer 9

Able to claim on way to/from work as being paid to travel

Question 10

Rose v Plenty (1978)

Answer 10

Although expressly asked not to have assistance still liable

Question 11

Mattis v Pollock (2003)

Answer 11

Liable when bouncer stabs customer; hired for tough reputation; despite his job being to protect

Question 12

Woodland v Essex CC (2013)

Answer 12

The school had a non-delagable duty to students; generally independent contractors are liable for own negligence