vicarious liability cases Flashcards
Yewens V Noakes
Did the master have the right to control what the employee did and how they did it.
Performing Rights Society V Mitchell and Booker
The nature and degree of detailed control.
Stevenson, Jordan and Harrison V McDonald and Evans
Someone’s work must be fully integrated into the business to be an employee.
Ready Mixed Concrete V Minister of Pensions and National Insurance
Established the Economic Reality Test.
Lister V Hesley Hall
1: Is the employer/employee relationship “akin to employment”? 2: ls the alleged tort “closely connected” to employment?
Catholic Child Welfare Society V Various Claimants and the Institute of the Brothers of the Christian Schools
If the nature of the relationship is so close that they can dictate the actions of another institute’s employees, they may be liable. Five criteria.
Cox V Ministry of Justice
You don’t need a contract of employment to be an employee.
Barclays Bank plc v Various Claimants
VL does not apply to independent contractors.
Viasystems V Thermal Transfer
You can have more than one employer and depending on their control, depends on how liable they are for the damages.
Limpus V London General
An employer can be liable even if an employee acts against the order of his employer, while doing his job.
Beard V London General Omnibus Co
If the employee causes injury doing something outside his employment, the employer will not be liable.
Century Insurance V Northern Ireland Road Transport Board
If the employee does a job badly, the employer can be liable for his actions if they cause injury to another.
Mohamud V Morrison’s Supermarkets
Employee committing a crime.
Hilton V Thomas Burton Ltd
Employer not liable if employee is doing something outside of the area or time of their work.
Smith V Stages
Employer may be liable if the employee is ‘on the clock’.
