Vicarious Liability

Question 1

essentially, what is vicarious liability

Answer 1

where A, the employer (principal or partner) of B is liable for the damage B has caused

Question 2

what are the three requirements

Answer 2

loss/injury caused to P by B
relationship between P and B
B acting in the course of employment

Question 3

who is the servant

Answer 3

if there is a contract of service

Question 4

who is the independent contractor

Answer 4

if there is contract for service

Question 5

what is the control test and where did it derive from

Answer 5

the control test dervied from the csae Yewens v Noakes

it asks the question whether the person is suject to command of his mtter as to the manner in which he shall do his work

Question 6

summary of the test in yewens v noakes

Answer 6

Does the employer tell the worker what to do and how to do it?

Question 7

what is the organisation test and where did it derive from

Answer 7

It derived from the case of steveson, jordan and harris v Mcdonald
where it says an employee is under a ‘contract of service’ when the work is integrated in that business AND is considered an integral of that business

Question 8

summary of stevenson, jordan and harris v mcdonalds

Answer 8

person = employee under ‘contract of service when is integrated in the business and an integral of that business

Question 9

what is the mutuality of obligation test and where did it derive from

Answer 9

Derived from O’Kelly v Trusthouse - obligation for employer to provide work or obligation for employee to accept that work

Question 10

what does the case of carmichael and another v national power say

Answer 10

Staff who work when required or had the right to turn down work are not employees

Question 11

what case emphasised the control test and looks at whose business it is

Answer 11

Lane v Shire Roofing

Question 12

what does it mean by totality of circumstances and what case supports this?

Answer 12

Hall (inspector of taxes) v Lorimer

Looks at the circumstances from afar - in this case, he was self-employed

Question 13

what does it mean by lending a servant

Answer 13

where an employer is the one who pays for the worker, can dismiss him, tell them what to do and how to do it

Question 14

what case supports the idea of lending a servant

Answer 14

Mersey Docks v Coggins

Question 15

What did the case of mersey docks v coggins say

Answer 15

Unless there was a real transfer, the employer remains the employer because the employee was trained there, and learnt things from there

Question 16

what does it mean when in the course of employment

Answer 16

B is acting in the course of employment if what he does is

• authorised, expressed/impliedly by his employer
• necessarily incidental to his job (what he is paid to do) OR
• an unauthorised manner (e.g. negligent way) of doing what is authorised

Question 17

what does it mean to be on a frolic of his own

Answer 17

when someone is not acting in the course of employment

Question 18

What happened in the case of poland v john parr and sons

Answer 18

There was an implied authorised act for the employee to protect the employers property

Question 19

What happened in the case of century insurance v N. Ireland Transport Board

Answer 19

The employee was negligent during the course of employment and the act took place in the course of employment

Question 20

what happened in the case of Twine v Bears express

Answer 20

The negligent act was not in the course of employment because the employer prohibited the employee from doing the act

Question 21

what happened in the case of Lloyd v Grace smith and co

Answer 21

where wilful wrong doing (e.g. fraud or ommissions) occurs in respect of acts the worker is employed to do
summary = VL can extend to fraud/omissions if those carried out nt course of employment

Question 22

what case said the employer was liable vicariously for racism

Answer 22

Jones v Tower Boot co - racism was made in the course of employment - employer was liable

Question 23

what case defines what it means for an employee to be on a frolic of his own

Answer 23

Hilton v Thomans Burton

Employee gave himself an unauthorised break therefor was not in the course of employment

Question 24

what happened in the case of Warren v Henleys Ltd

Answer 24

The employer was not vicariously liable because the assault that the employee did was after business between parties

Question 25

what happened in the case of Wooland and swimming teachers association

Answer 25

The school was held to be vicariously liable because the school had been assumed responsibility and therefore they were negligent as an independent contractor

Question 26

can vicarious liability occur when driving cars?

Answer 26

Yes in the case of Morgans v Launchbury
the vehicle owner was liable as they were negligent of the driver when the driver is using the car for owner’s delegated purpose

Question 27

what happened in th case of lister v romsford ice and cold storage

Answer 27

driver was required to drive with skill and care as their contractual duty - drvier could not rely on the protection against loss (indemnity) of ushc actions as this would be all-embracing - employer therfore bears the burden of any action