Vicarious Liability P2 Flashcards
What is the definition of Vicarious Liability
When the law makes one person liable for the tort of another
Should be some sort of legal relationship between the two people
What relationship do we look at for VL
Employment relationship
What type of tort is VL
Strict liability - the employer remains liable for tort of his employees even through he himself may not be at fault
Who is liable between the employer and the employee
They are both jointly liable
What is the relevant statue to do with remedies of VL
Civil Liability (Contributions) Act 1978
What are the three stages of VL
Employee had committed a tort
Tort Fraser is an employee
Employee committed the tort during the course of his employment
How do we establish stage one of employee has committed a tort
It will have been felt with in previous ICG of the question
What is the second stage of establishing VL
Tortfeaser is an employee
What are the 4 tests that are mixed and matched to establish the tortfeaser is an employee (one being used for a non traditional employment relationship)
Control test
Integration test
Multiple test
Sufficiently close connection (Non traditional employment relationship)
What is the control test
“How much control does the employer have over the work”
What case is used to show the control test
Walker V Crystal Palace FC
What is the integration Test
“How closely integrated to the core of the businesses is the workers work”
How many factors are within the multiple test
5
What are the 5 factors of the multiple test
Ownership of any tools, plant or equipment
Method of payment
Whether income tax and NIC are payed by employer or not
Contract of employment/ job description
Any independence in doing a job
Who is an employer not liable for and why
Independent contractor - have his own equipment, personally affected by his own investments and manage decisions
They are contracted by the employer, not employed
