Vicarious Liability

Question 1

Lister v Hesley Hall (2001)

Answer 1

There needs to be a ‘close connection’ between the torts and whether they were committed under the course of employment - meaning that it is fair and just for the employer of the employee in question to be held responsible for their actions.

An employer will be found vicariously liable for an employees criminal conduct.

Question 2

Mohamud v WM Morrison Supermarkets plc (2006)

Answer 2

The role of the employee must fit within the ‘field of their activities’

I.e. if an employee assaults a customer on a petrol forecourt due to an altercation and his job is to attend to customers and respond to their queries then the employer will be found vicariously liable for their actions/negligence. It cannot be considered outside the scope of the employment.