Vicarious liability evaluation Flashcards
Vicarious liability A01 introduction
- Laid down in common law
- apportion of blame
- balance of probabilities
Vicarious liability A03 Introduction
- Judges are unelected
- Judges take a long time to process
- Tort have developed via judicial precedent and this may not be accurate
Strict liability A01
- Strict liability is when regardless of AR and MR the person is liable
- Places responsibility on employers to compensate victims in the course of employment.
- Employer not liable in certain situations
Strict liability A01 cases
Hilton
Beard
Twine
Strict liability A03
Allows no defence
Does not investigate V
No justice and fairness
Strict liability A03 fair
Saves time
Gives certainty
Fulfill aims of civil law
Financial position A01
Compensation more likely to be paid
The aim of civil law is to compensate rather than punish
Employers in better financial position
Financial position A01 cases
Hilton
Financial position A03
May be unaware of employees acting in dangerous way until after tort
Unfair to have control over possible actions of employers
Employee test A01
economic reality test
control test
integrated test
economic test
how tortfeasor is paid
control test
who controlled the work being done
integrated test
looks at the relationship between work done and business
Employee Tests A01 cases
Ready mixed concrete
mersey docks
cox
Employee tests A03
Too many tests make it hard to predict
The employee may have been disobeying orders given
Six aspects of course of employment are confusing
Employee test A03 fair
Certain standards attached to blame
Employer still supported by whats not in the course of employment
Close connection A01
Close connection between tort and what employee is employed to do
onus of monitoring employees firmly on the employer
Close connection A01 case
Lister
Close connection A03
Employees not fully responsible for actions and can’t predict so unfair
What case prevents close connection
Morrison
Reforms
One single test
Parliment make a statutory reform
The course of employment is made clearer.
whats the judgement with a single test?
Too restrictive so employees may take advantage
Element 1 A01:
Apply tests to identify whether clear classification of tortfeasor as an employee.
If element 1 does not apply A01:
Whether relationship between tortfeasor and defendant is ‘functionally analogus’
Five criteria of Christian brothers A01
E more likely to have means to compensate.
Tort committed as a result of activity taken by employer.
Employee activity is business activity.
Employer risk act being committed by employee.
Employee under control of employer.
Element 2 A01
Whether wrongful conduct the employee did was connected to acts authorised to do.
wrongful conduct the employee did was connected to acts authorised to do case
Dubai
