Vicarious Liability

Question 1

2 factors need to be satisfied. What are they?

Answer 1

1- Is the primary defendant an employee

2- Was the primary defendant acting in the course of employment

Question 2

3 tests have been developed to establish whether someone is an employee. What are they?

Answer 2

Control test- employer tells the employee what to do (Walker v Crystal Palace)

Integration test- How integral is the employee to the employer

Economic Reality test- e.g. method and frequency of pay

Question 3

What is the traditional test for acting in the course of employment?

Answer 3

Salmond test

Question 4

The Salmond test found that an employer would be liable in two instances. What were they?

Answer 4

1- for a wrongful act that has been authorised by the employer
2- for an act that, while authorised was carried out in an unauthorised way

Question 5

There are 2 cases which illustrate an authorised act carried out in an authorised manner, what are they?

Answer 5

Limpus v London General Omnibus Company (1862)

Rose v Plenty (1976)

Question 6

The employer will be not be liable if the employee does something he/she is not entitled to do. What is this known as + case.

Answer 6

The employee is judged to be off ‘on a frolic of his own’.

CASE- Hilton v Thomas Burton (1961)

Question 7

What is the case that the modern day test for ‘acting in the course of employment’?

Answer 7

Lister v Hesley Hall Ltd (2001)

Question 8

What test came from this case?

Answer 8

The test is whether there was sufficient connection between the employment and the torts carried out by the employee.