Vicarious Liability Evaluation Flashcards
What is the first element of the Salmond test?
Tortfeaser commits a tort Poland v Parr
What's the second element of the Salmond test?
Was the tortfeaser an employee
What is the control test?
Yearns v Noakes Control over tortfeaser
What is the integration test?
Stevenson et al. Closer work is to core of business
What is the multiple economic reality test?
Ready Mix Concrete Provides work/skill for a wage Accepts work is controlled by employer Everything else in contract fits employment relationship
What is the close connection test?
Lister v Hesley Hall Wrongful acts closely connected with work
What is the akin to employment test?
Catholic Brothers case C ontrol over employee R isk created by hiring I nsurance B enefit from actions
Can a negligent act be during the course of employment?
Century insurance v NI transport board Yes
Can an authorised act be in the course of employment?
Rose v Plenty Authorised act in unauthorised way
Can an unauthorised act be in the course of employment?
Limpus v General Omnibus Company Yes if doing what paid for
When is an unauthorised act not in the course of employment?
Beard v General Omnibus Company Gone against orders
What happens if employee is on a frolic of their own?
Hilton v Thomas Burton Not liable
What Smith v Stages add?
Travelling between workplaces is not a frolic
What is the public policy test?
No connection but: C deserves compensation Employee insured/can afford to pay
