Vicarious Liability

Question 1

What is the three part test to prove VL?

Answer 1

1. Was the person who committed the tort an employee?
2. Was the act/omission a tort?
3. Was the tort carried out during employment?

Question 2

What are the three tests that need to be satisfied under ‘was the tort committed by an employee?’

Answer 2

1. The control test
2. Integration/organisation test
3. Economic reality/multiple test