Vicarious Liability Flashcards
Ready Mixed Concrete v Minister of Pensions
The Multiple Test (Driver’s were held not to be employees but independent contractors)
Carmichael v National Power
(Tour guide was not employee instead an independent contractor as she was not obliged to accept work)
COX V MINISTRY OF JUSTICE
Employer might be vicariously liable the torts of someone who is not an employee (Prisoner was carrying out task and D was the prison service)
Barclays Bank v Ministry of Justice
No vicarious liability when tortfeasor is an independent contractor (126 claimants sought damages for sexual assaults, tortfeasor (Dr) had died and Barclays Bank was not liable as Dr was an Independent Contractor)
Limpus v London General Omnibus
An employer is vicariously liable for any authorised act by an employee (Bus drivers were permitted not race other drivers however one driver caused an accident, the employer was liable)
Century Insurance v N. Ireland Road Transport
An employer can still be liable for disobeying the job (Employee, a petrol tank driver, threw a lit cigarette causing an explosion, employer was liable)
Lister v Hesley Hall
Employee does an act that is not part of their job but is closely connected with the employment so fair to make employer liable (warden of school sexually assaulted some of the children, employer was liable)
Mohamud v Morrison Supermarkets
Employee acting within field of his employment therefore close connection (Kiosk worker assaulted by customer)
Hilton v Thomas Burton
Employer acting on a ‘frolic’ of their own - aka an employer will not be vicariously liable unauthorised acts (whilst on lunch break one workmen was killed in accident)
WM Morrison Supermarkets v Various Claimants
Example of ‘Frolic and no VL (aggrieved employee was employed to collate payroll data for 100,000, to harm Morrisons he uploaded all data to the internet, employer was not VL)
