Vicarious Liability: Akin to Employment

Question 1

What must courts establish for akin to employment?

Answer 1

Fair, just and reasonable to find a relationship akin to employment

Question 2

What case sets out the 5 criterias?

Answer 2

Christian Brothers case

Question 3

What is the criteria?

Answer 3

D more lilely to have resources to compensate C than primary tortfeasor
Tort committed by activities done on D’s behalf
Tortfeasor is likely to be part of D’s business activities
D created risk of tort by employing primary tortfeasor
D likely to have some control over primary tortfeasor

Question 4

What happened in Christian Brothers case?

Answer 4

Catholic Institute was liable even though didn’t employ them

Question 5

What happened in Cox v Ministry of Justice?

Answer 5

Relationship between prisoner and prison service was similar to employee and employer

Question 6

What is AO3 for akin?

Answer 6

Inconsistent with IC’s