Vicarious liability Flashcards
Argent v Ministry for Social Security
Claimant was actor who taught part-time at drama school - few responsibilities, school had little control over content or frequency of classes - not employee
Cassidy v Ministry of Health
Employment relationship found despite hospital’s limited control over doctor
Whittaker v Minister of Pensions
Trapeze artist helped out with running of circus - employment relationship despite her act only lasting 7 minutes
O’Kelly v Trusthouse Forte
Mutuality of obligations - seasonal wine waiter was not obliged to accept work, restaurant had no obligation to give him work - not employee
Massey v Crown Life
Courts pay little regard to how contracts are labelled
Ready Mix Concrete v Minister of Pensions
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
Warner Holidays v SoS Social Services
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
JGE v Trustees of Portsmouth Roman Catholic Diocesan Trust
Relationship akin to employment
Orr v Institute of Brothers of the Christian Schools
Relationship akin to employment
Cox v Ministry of Justice
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
Mersey Docks v Coggins
Rebuttable presumption that employee works for original employer - who has more authority over employee?
Original employee had provided equipment, reported back to him daily
Viasystems v Sherman Transfer
Both employers had equal control over tortfeasor (both present when tort committed) - dual liability allowed
Hawley v Luminar
Effective transfer of control of employee over to subsequent employer - total control
Bayley v Manchester, Sheffield and Lincolnshire Railway
Ticket collector threw a passenger out of a moving train when he didn’t have a ticket - unauthorised manner of doing his proper job
Rose v Plenty
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
Smith v Stages
Vicariously liable for employees’ car accident due to it occurring within working hours and had been paid travel expenses (commuting otherwise excluded)
Joel v Morrison
Delivery driver drive a friend on personal business - ‘of on a frolic of his own’
Beard v London General Omnibus
Bus conductor wanted to drive the bus - outside course of employment as not authorised
Keppel Bus v Saab Bin Ahmed
Ticket inspector struck a passenger - outside course of employment,, act of personal vengeance
Daniels v Whetstone
Bouncer argued with a customer inside the club, then hit him outside
Hitting the claimant was outside the course of employment - outside the club
Twine v Bean Express
Lorry driver picked up a hitchhiker despite instructions to the contrary - outside the course of employment
Conway v George Wimpey
Drivers expressly banned from giving lifts to others - not in the course of employment as it was an expressly forbidden act
Warren v Henleys
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
Heasmans v Clarity Cleaning
Cleaner used phone to make long-distance calls from office she was supposed to be cleaning - outside the course of employment
Irving v Post Office
Wrote abusive messages on post - not in the course of employment
Lister v Hesley Hall
Close connection test
Tortfeasor had access to victims via the nature of his employment
Mattis v Pollock
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
Mohumud v Morrison
Look at nature of job and what the tortfeasor has done - is it linked to the role, regardless of being inexcusable
