Vicarious Liability Evaluation

Question 1

What is VL?

Answer 1

When an employer can be sued for the acts/omissions(tort) of an employee

Question 2

How do you introduce an evolution question ?

Answer 2

REWORD THE QUESTION!
what is VL?

Question 3

What is the 1st element of VL

Answer 3

identify tory, no tort = no VL

Question 4

What is the second element of VL and case

Answer 4

Employment status (Barclays Bank Plc V VCs)

Question 5

What did Lady Hale say in Barclays Bank Plc V Various Cs?

Answer 5

‘for any contractor carrying out his/her independent business it is not necessary to carry out the various tests’ or ‘of a relationship between 2 persons making it proper for the law to make one pay for the fault of the other’

Question 6

What is the 1st test under Clear contract of Service case and explanation

Answer 6

control test (Yeowans V Noakes)
more control over staff more likely they’re an employee
less control, less likely (Mersey Docks)

Question 7

What is the 2nd clear contract test case and explanation?

Answer 7

Integration test (Stevenson)
integral to running of organisation or just an accessory to it ?

Question 8

Last test under clear contract explanation and cases?

Answer 8

Economic reality test (RMC V MoP&NI)
1) work for a wage ?
2) express/implied accepts under control
3) elements inconsistent with IC contract

Question 9

Who set out the 5 criteria points under ambiguous contract ?

Answer 9

Lord Phillips in CCWS V VCs

Question 10

What are the 5 criteria points

Answer 10

1) E more likely to have means to compensate
2) tort is a result of activity on behalf of E
3) part of business activity
4) by employing created risk of tort
5) under control of employer

Question 11

What does case of Institute of Brothers of Christian Schoold say ?

Answer 11

ambiguous contract covers situations of abuse by people in positions of authority

Question 12

What does Cox V ministry of Justice say

Answer 12

ambiguous covers when D acting in a volountary capacity

Question 13

Armes V Nottingham covers what ?

Answer 13

When local authority has sufficient control over Ds actions

Question 14

What is last element of VL

Answer 14

In course of employment

Question 15

What tests did lord Salmond provide about non-intentional torts

Answer 15

1)acting against orders (Rose/Twine)
2) outside employment (Beard V LGO)
3)negligently (CI V IRTB)
4)frolic of their own (Hilton V Thomas Burton)

Question 16

Lister V Hesley Hall set out what test under Intentional torts?

Answer 16

1)relationship of employment
2) tort closely connected to employment (CCWS)

Question 17

What does WM Morrison Supermarket Plc V vCs say?

Answer 17

intentional vengeance= not liable

Question 18

What is indemnity ?

Answer 18

when the employer can claim back some damages off D ( Lister V Romford ICE & Cold Storage Co.)

Question 19

What are the 4 criticisms

Answer 19

1) unfair on employers
2) too many tests to establish employee
3)unpredictable outcomes
4)hard for employee to claim back for negligent employees

Question 20

What evidence is there to back up Unfair on Employers?

Answer 20

the employer is responsible for hiring/training/supervising e ( Limpis V LGO)
maintains a high standard (Rose V Plenty)

Question 21

Explain how this is unfair to employers

Answer 21

unfair to blame E for actions of e
argue fair as E may benefit from negligent work
or fair as they have meant to compensate

Question 22

Evaluate how this is unfair on E

Answer 22

Unfair to be sued for es negligent work

Question 23

Give evidence to back up that there are too many tests to establish e

Answer 23

Clear contract tests too narrow (JGE V Trustees of Portsmouth)
more than one E can be liable for single e (Viasystems/Mersey Docks/RMC)

Question 24

Explain how the evidence suggests there are too many tests

Answer 24

one test appropriate as E know who VL for
unfair and unpredictable
could lead to hiring of self-employed to avoid VL

Question 25

Evaluate the fact there are too many tests for establishing e

Answer 25

one singular test would be more beneficial

Question 26

give evident to back that there are unpredictable outcomes

Answer 26

acting outside employment & frolic of their own (CI V NIRTB/Hilton)
liable for injuries to child (Rose) but not adult (Twine)
‘closely connected’ has given too broad of circumstances (Lister)

Question 27

explain how the evidence suggests the law has unpredictable outcomes

Answer 27

law inconsistent, case law applied differently
hard to follow for judges & lawyers
AND allow V to be compensated

Question 28

Evaluate that the law allows unpredictable outcomes

Answer 28

decisions can be harsh and all depend on if E benefit or not even if unauthorised = unfair

Question 29

Give evidence on how it is hard for E to claim back

Answer 29

Civil Liability Act in theory fair BUT reality unfair an unlikely to be able to get back money (Lister V Hesley Hall)

Question 30

Explain how the evidence shows it is hard for E to claim back

Answer 30

if e imprisoned no way to claim back

Question 31

Evaluate the fact it is hard for Es to claim back

Answer 31

unrealistic & unfair, doesn’t protect E