vicarious liability

Question 1

Tort

Answer 1

must have been committed

Question 2

is D an employee? (2)

Answer 2

1. control and integration test (Walker v Crystal Palace)

2. multiple test (ready mix concrete)

Question 3

multiple test (3)

Answer 3

1. mutuality of obligation (Carmichael v National Power)
2. personal performance (Echo v Express publications)
3. who pays taxes?

Question 4

was D acting in course of employment? (4)

Answer 4

1. authorised act, unauthorised manner (Limpus)
2. giving lifts; ad to employee? (Conway)
3. detour (Storey v Ashton)
4. criminal act; closely connected to Ds employment? (Lister v Halsey Hall)