Vicarious Liability

Question 1

Vicarious liability - definition

Answer 1

Liability of one person for the torts committed by another (employer / employee)

Question 2

Vicarious liability - essential elements

Answer 2

1. Worker must be an employee
2. Employee must have committed a tort
3. Employees tort must have been committed in the course f their employment
   VL is secondary liability - both could be sued

Question 3

Requirements for vicarious liability - who is an. Employee

Case

Answer 3

Not a contractor - works for one company
Test set out in ready mixed concrete (south east) ltd v minister of pensions and national insurance 1968
A work for a wage
B employee is controlled by employer
C contracted to provide service

Question 4

Vicarious liability - employee commit act in course of employment

Answer 4

Employee vl for acts it has authorised
Was employee doing what they were employed to do
Not obeying instructions - still doing job - London cc v chattermoles
If instructed not to do job and you do company not liable - Iqbal v London transport
Unauthorised lifts - if helping you liable - rose v plenty , if not twine v beans express not liable
Unauthorised journeys - completely different directs liable storey v Aston, slight deviation not liable Harvey v r g o’dell
Criminal acts - man abusing children liable lister and others

Question 5

Vicarious liability - Independant contractors

Answer 5

Only when
Extra hazardous acts
Work on highway
Safety of employees