vicarious liability

Question 1

What is counted as the course of employment?

Answer 1

A tort is deemed to be committed in the course of employment ‘if it is either (1) a wrongful act authorised by the master, or (2) a wrongful and unauthorised mode of doing some act authorized by the master’. Professor Salmond formulation

Question 2

Can expressed prohibition normally a defence?

Answer 2

No

Question 3

What happens if it seen as an act of personal revenge?

Answer 3

It is then not in the course of his employment

Question 4

What happens if they are attempting to protect the business

Answer 4

Then it is seen as being in the course of the employment

Question 5

What is the main point brought in by lister?

Answer 5

There must be a closeness of connection between the tortious act committed of the employee and their employer.