Vicarious liability

Question 1

Who is the liability imposed on?

Answer 1

The employer, not the employee who did the tort.

Question 2

1.

Answer 2

The person committing the tort must me an employee

Question 3

3 employee tests

Answer 3

• Control test
• Integration test
• Economic Reality test

Question 4

Mersy ducks

Answer 4

Crane driver who was hired out, negligently injured V. Control test!

Question 5

Ready Mix Concrete

Answer 5

Drivers held liable to pay tax, not the truck company. Economic reality test.

Question 6

a. provide

Answer 6

Work/skill

Question 7

b. under

Answer 7

employers control

Question 8

c. is

Answer 8

contracted under employment

Question 9

2. ITCOE

Answer 9

In the course of employment

Question 10

Rose v plenty

Answer 10

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

Question 11

3. commits

Answer 11

Employee commits a criminal act

• Employer is liable to the victims
• Closely connected ‘akin to employment’

Question 12

Lister

Answer 12

School warder sexually assaulted children. As he was on school grounds the school will be liable.

Question 13

4. commits

Answer 13

Employee commits a negligent act

- employer will be liable for injury/damage

Question 14

Century Insurance

Answer 14

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

Question 15

5. Employer will not be liable if…

Answer 15

The employee is on a frolic of their own. This is not connected to the work.

Question 16

Remedies =

Answer 16

Compensation

Question 17

State the law

Answer 17

Liability is imposed on the employer not the employee who did the tort.
1.The person committing the tort must be an employee
- Control test, Mersy Ducks
- Integration Test
-Economic reality Test, Ready Mix concrete
a. Provide work/skill b. Under employers control c. Contract of employment
2. In the course of employment Rose v Plenty
3. Employee commits a criminal act, Lister
- Liable to victims
- Closely connected ‘skin to employment
4. Employee commits a negligent act, Century Insurance
- Employer will be liable for injury/damage
5. The employer will not be liable if they are on a ‘frolic of their own’. Not connected
Remedies = compensation