Vicarious Liability (Non-intentional)

Question 1

What is the AO1 for vicarious liability non intentional split into?

Answer 1

-Intro
-Employment Relationship
-Acting in the course of employment
-Defences
-Remedies

Question 2

What is the difference between AO1 plan for intentional and non-intentional VL?

Answer 2

Intentional is Intro, employment relationship, close connection, defences and remedies. Non-intentional is the same but instead of close connection it’s acting in the course of employment

Question 3

What is included in the AO1 intro for VL?

Answer 3

-The test for Vicarious Liability - Non intentional torts:
-To test if the employer is vicariously liable it must be satisfied that:
1. There is an employment relationship between the tortfeasor and the employer
2. The D committed the tort whilst acting in the course of employment

Question 4

What is included in the AO1 for employment relationship?

Answer 4

-Must be a relationship of employment between TF and D
-If courts can’t find a relationship of employment they try to establish a relationship akin to employment
-CBC case
-Cox v MOJ
-Economic test
-Control test

Question 5

What is the economic test?

Answer 5

This test considers a number of economic factor when trying to decide if the tortfeasor is an employee or independent contractor

Question 6

What is the control test?

Answer 6

The judges will decide if the tortfeasor is an employee by looking at the control that the employer has over the employee

Question 7

What is included in Acting in the course of employment?

Answer 7

-The Salmond Test
-An authorised act
-An unauthorised act
-Negligent act
-Own frolic

Question 8

What is described in acting in the course of employment - authorised act?

Answer 8

The defendant can be liable if the tort occurred when the tortfeasor was carrying out an authorised act

Question 9

What is described in acting in the course of employment - unauthorised act?

Answer 9

The defendant can be liable if the tort occurred when the tf was carrying out an authorised act in an unauthorised way (Limpus V London General Omnibus Company)

Question 10

What is described in acting in the course of employment - Negligent act?

Answer 10

The defendant can be liable if the tort occurred when the tortfeasor was carrying out an authorised act in a negligent way (Century Insurance Co)

Question 11

What is described in acting in the course of employment - Own frolic?

Answer 11

The defendant will not be liable if the tort occurred whilst the tortfeasor was on their own frolic (Hilton v Thomas Burton Ltd)

Question 12

What is included in Defences?

Answer 12

Volenti - No liability if the C consented
Contributory negligence - Damages will be reduced where the claimant has contributed

Question 13

What is included in remedies?

Answer 13

-If the employee is acting in the course of employment and the employer is found vicariously liable, then the employer will be instructed to pay compensation to the injured
-(Civil Liability (Contribution) Act 1978) - The employer can recover any of the compensation paid out from the employee for example it can be deducted from wage

Question 14

What is the non-intentional torts AO2 split into?

Answer 14

-Parties involved
-Is the tortfeasor an employee
-Close connection
-Defences
-Remedies

Question 15

What is the AO2 parties involved?

Answer 15

-The D is… why?
-The tortfeasor is … why?
-The C is …. why?

Question 16

What is the AO2 - is the tortfeasor an employee?

Answer 16

-Here there is/isn’t a contractual relationship of employment because…
-Here the relationship is/isn’t akin to a relationship of employment because…
-CBC 5 part test
-If not, say the person who committed the tort is an independent contractor and not an employee and therefore the D will not be liable

Question 17

What is the AO2 - close connection? (4 possibly relevant applications)

Answer 17

-The tort that was committed was…
(Apply relevant ones below)
-Was the tortfeasor doing an authorised act? why? how? (this will class as in course of employment)
-Was the tortfeasor acting against orders? why? (this will class as in course of employment)
-Was tortfeasor acting negligently?why?(this classes as in course of employment)
-Was tf acting upon their own frolic?why? (this isn’t in the course of employment)
THEREFORE THE TORTFEASOR WAS/WASN’T ACTING IN THE COURSE OF EMPLOYMENT

Question 18

What is the AO2 - Defences?

Answer 18

APPLY RELEVANT ONES
-Contributory Negligence - How did C contribute to their own injuries, state it’d reduce damages awarded
-Volenti:
1. C consented to risk because…
2. Did the C have precise knowledge of the risk, why?
3. Did the C exercise free will to carry out the activity, why?
4. Did the C voluntarily accept the risk?

Question 19

What is the 4 part test of volenti?

Answer 19

-The C consented to the risk because…
-Did the C have precise knowledge of the risk, why?
-Did the C exercise free will to carry out the activity, why?
-Did the C voluntarily accept the risk?

Question 20

what is the remedies?

Answer 20

-If successful the C would receive compensatory damages
-The employer could claim the compensation back from the tf