Vicarious Liability- Employee?- COMPLETE Flashcards
What is the structure for vicarious liability?
- Has the C suffered a loss of injury due to the tort
2.Is the D an employee
3.During the course of employment
4.Conclusion and remedies
What two questions are asked for vicarious liability?
- Is the defendant an employee
- Has the defendant committed the tort in the course of employment.
What is the most important employment test?
The economic reality test (multiple test)
What does the economic reality test consider?
Various factors which may indicate the status of a worker.
Which case established the economic reality test?
McKenna J in Ready Mixed Concrete
McKenna J V Ready Mixed Concrete
Who are employess?
What are the 3 conditions laid out in the McKenna J V Ready Mixed Concrete economic reality test?
1- Does the employee agree to provide work/ skill for a WAGE.
- Does the employee expressed/impliedly accept work will be subject to control of the employer.
3.Are all other considerations in the contract consistent with there being a contract of employment.
What other factors are considered when deciding whether somebody is an employee or not?
-Tools and equipment
-Regular Payment
-NI contributions who pays?
-Job description
-Flexibility
Barclays bank V Various claimants
-SA doctor- did multiple things. Held to be an independent contractor.
-‘are they ‘akin to employment’ (modern test).
‘akin to employment test’
Barclays bank V Various Claimants.
-is it proper to make the person pay for the wrongdoing of the other.
What is the definition of vicarious liability?
Where a third person, usually an employer has legal responsibility for the unlawful actions of another/ an employee.
What is the law in regard to employees on loan?
-Usual rule is that they remain responsibility of the usual employer that loaned them out
Case for employees on loan?
Mersey Docks V Coggins
