Vicarious liability Flashcards
Who is the liability imposed on?
The employer, not the employee who did the tort.
1.
The person committing the tort must me an employee
3 employee tests
- Control test
- Integration test
- Economic Reality test
Mersy ducks
Crane driver who was hired out, negligently injured V. Control test!
Ready Mix Concrete
Drivers held liable to pay tax, not the truck company. Economic reality test.
a. provide
Work/skill
b. under
employers control
c. is
contracted under employment
- ITCOE
In the course of employment
Rose v plenty
Milk man used boy to help carry milk, even though his employer told him not to. Boy was injured and the employer was liable as it was in the course of employment
- commits
Employee commits a criminal act
- Employer is liable to the victims
- Closely connected ‘akin to employment’
Lister
School warder sexually assaulted children. As he was on school grounds the school will be liable.
- commits
Employee commits a negligent act
- employer will be liable for injury/damage
Century Insurance
While a trucker pumped gas he lit his cigarette. He then threw it on the floor causing an explosion at the gas station. Held that pumping gas was ITCOF
- Employer will not be liable if…
The employee is on a frolic of their own. This is not connected to the work.
