Vicarious liability Flashcards
Whilst primary liability will rest with D, D’s employer (Z) may be vicariously liable for D’s tort if the court considers him an employee acting in the course of employment.
In considering whether D employee, Courts most commonly use what test? (traditionally control test)
economic reality test
what case applied economic reality test
ready mixed concretes v Minister of pensions
what case stated casual ‘as and when’ worker are not employees
carmichael v national power
Z will only be liable if D acted in the course of his employment rather than “on a frolic of his own”. what 3 cases was the employer not liable
o Twine v Beans Express- driver gave lift to hitchhiker
o Iqbal v London Transport Exec- bus conductor drove bus when helping
o Makanjuola v MPC- policeman had sex to not call immigration authorities
what 7 cases was the employer liable
o Rose v Plenty- a boy helped milkman, deemed in Z’s best interests
o Century Insurance v NITB- VL even when D foolish, threw down lit match when delivering petrol
o Ruddiman v Smith- VL even if outside working day, left tap on after work
o Smith v Stages- VL even if travelling to or from work in Z’s time
o Limpus v London Omnibus- racing buses
o Lister v Hesley Hall-warden abused boys during working hours
o Maga v BAD- priests abused boys
What is it?
Making someone liable for someone else’s tort. Not a tort in itself and a form of SL
Why have VL?
‘One of public policy’ - rose v plenty
Compensation / loss distribution. ‘Search for a solvent D’
Deterrence - safer selection
Moral responsibility - employer benefits from employee
Who is an employee?
Cannot be an independent contractor.
What was the traditional test for an employee?
Control test - yewens v noakes
Can only one d be held VL?
No. Vlasystems and Various Claimants v Catholic Child Welfare.
What did salmon and hewston say about VL?
It includes both authorised acts and unauthorised ways of doing authorised acts.
