Vicarious liability

Question 1

Argent v Ministry for Social Security

Answer 1

Claimant was actor who taught part-time at drama school - few responsibilities, school had little control over content or frequency of classes - not employee

Question 2

Cassidy v Ministry of Health

Answer 2

Employment relationship found despite hospital’s limited control over doctor

Question 3

Whittaker v Minister of Pensions

Answer 3

Trapeze artist helped out with running of circus - employment relationship despite her act only lasting 7 minutes

Question 4

O’Kelly v Trusthouse Forte

Answer 4

Mutuality of obligations - seasonal wine waiter was not obliged to accept work, restaurant had no obligation to give him work - not employee

Question 5

Massey v Crown Life

Answer 5

Courts pay little regard to how contracts are labelled

Question 6

Ready Mix Concrete v Minister of Pensions

Answer 6

Economic reality test - look at all terms and conditions of employment

1) provision of personal services in reward for remuneration or compensation
2) degree of control
3) other provisions of arrangement consistent with a contract of services

Question 7

Warner Holidays v SoS Social Services

Answer 7

Provision of tools and equipment
Salary, tax, national insurance
Sick pay and leave
Bearing the risk of profit and loss
Residual control over hours and system of working

Question 8

JGE v Trustees of Portsmouth Roman Catholic Diocesan Trust

Answer 8

Relationship akin to employment

Question 9

Orr v Institute of Brothers of the Christian Schools

Answer 9

Relationship akin to employment

Question 10

Cox v Ministry of Justice

Answer 10

Relationship akin to employment - tortfeasor carrying out an activity for the benefit of the defendant that was integral to the defendant’s business, created the risk whereby the tort could be committed

Question 11

Mersey Docks v Coggins

Answer 11

Rebuttable presumption that employee works for original employer - who has more authority over employee?
Original employee had provided equipment, reported back to him daily

Question 12

Viasystems v Sherman Transfer

Answer 12

Both employers had equal control over tortfeasor (both present when tort committed) - dual liability allowed

Question 13

Hawley v Luminar

Answer 13

Effective transfer of control of employee over to subsequent employer - total control

Question 14

Bayley v Manchester, Sheffield and Lincolnshire Railway

Answer 14

Ticket collector threw a passenger out of a moving train when he didn’t have a ticket - unauthorised manner of doing his proper job

Question 15

Rose v Plenty

Answer 15

Milkman specifically told not to allow anyone on to his float - 13 year old claimant was helping and fell off float - fair to impose liability as helping defendants’ business

Question 16

Smith v Stages

Answer 16

Vicariously liable for employees’ car accident due to it occurring within working hours and had been paid travel expenses (commuting otherwise excluded)

Question 17

Joel v Morrison

Answer 17

Delivery driver drive a friend on personal business - ‘of on a frolic of his own’

Question 18

Beard v London General Omnibus

Answer 18

Bus conductor wanted to drive the bus - outside course of employment as not authorised

Question 19

Keppel Bus v Saab Bin Ahmed

Answer 19

Ticket inspector struck a passenger - outside course of employment,, act of personal vengeance

Question 20

Daniels v Whetstone

Answer 20

Bouncer argued with a customer inside the club, then hit him outside
Hitting the claimant was outside the course of employment - outside the club

Question 21

Twine v Bean Express

Answer 21

Lorry driver picked up a hitchhiker despite instructions to the contrary - outside the course of employment

Question 22

Conway v George Wimpey

Answer 22

Drivers expressly banned from giving lifts to others - not in the course of employment as it was an expressly forbidden act

Question 23

Warren v Henleys

Answer 23

Presumption that criminal activities will be outside the course of employment - striking a customer was an act of personal vengeance and outside course of employment

Question 24

Heasmans v Clarity Cleaning

Answer 24

Cleaner used phone to make long-distance calls from office she was supposed to be cleaning - outside the course of employment

Question 25

Irving v Post Office

Answer 25

Wrote abusive messages on post - not in the course of employment

Question 26

Lister v Hesley Hall

Answer 26

Close connection test

Tortfeasor had access to victims via the nature of his employment

Question 27

Mattis v Pollock

Answer 27

Bouncer argued with customer in a club, went home to get a knife, returned and stabbed him - argument had started in the course of employment - responsibility for the employee was not extinguished

Question 28

Mohumud v Morrison

Answer 28

Look at nature of job and what the tortfeasor has done - is it linked to the role, regardless of being inexcusable