Vicarious Liability Flashcards
What is the definition of vicarious liability?
When a person or organisation is legally responsible for a tort they did not commit due to their relationship with the tortfeasor
What is the first stage of the two part test?
Was the tortfeasor employed by the defendant?
What is the second stage of the two part test?
Was the tort committed whilst the tortfeasor was in the course of employment?
What is the control test and which case is it summarised in?
Yewens v Noakes
A person was an employee if his employer has the right to control not only what work he does but the way in which the work is done
Which factors in Short v Henderson indicates that the tortfeasor was employed?
Whether the ‘employer’ had power to select and dismiss the tortfeasor, whether they could control their method of working and whether they paid T’s regular wages
What is the presumption if T has been loaned to another employer? What is the case demonstrating this?
Presumption is that the permanent employer will remain vicariously liable
Mersey Docks and Harbour Board v Coggins and Griffiths
What is the exception to the presumption in the Mersey Docks case and what is the case to show this?
If the ‘new’ employer exercises a lot of control over T, then the second employer will be vicariously liable instead
Hawley v Luminar Leisure
What is the integration test from SJH v Mcdonald?
Whether the worker’s work is fully integrated into the business
(whether it forms part of/benefits the business)
Which factors should be considered under the economic reality test and what is the case for this?
Ready Mixed Concrete v MoP
multiple factors to be considered such as whether the worker agrees to work for a regular wage and whether they agree to be under the control of the company
- all other contract terms are consistent with the worker being regarded as an employee
What was shown in the case of Cox v Ministry of Justice?
A relationship other than one of employment can give rise to vicarious liability when:
- harm is wrongfully done by an individual who carries out activities as an integral part of D’s business
- the risk of harm was created by D
Describe stage 2 of the test for vicarious liability? (course of employment)
Either where the wrongful act has been authorised by the employer or where the wrongful act was unauthorised but is closely connected to the authorised work
What does the case of Century Insurance v NI Road Transport show?
Carrying out an authorised act in a negligent manner is still acting within the course of employment
Why was D not vicariously liable in the case of Twine v Beans Express?
Because T’s unauthorised act was ‘a frolic of his own’ - he was not carrying out his job
What was the decision in Rose v Plenty?
D was vicariously liable as the wrongdoing had occured whilst the driver was carrying out his work and the employer benefitted from the boy’s work
What does the case of Mohamud v Morrison’s Supermarket show?
D can be liable for criminal acts of its employees as long as the act is closely connected to the employee’s work
