Vicarious Liability (Paper 2) Flashcards
What is vicarious liability?
When an employer is liable for the actions of an employee
How many conditions must be proven?
Two
What is the first stage?
To decide whether the worker is an employee or an independent contractor (self-employed)
What is the test used for obvious employer-employee relationships?
The multiple test
Which case established the multiple test?
Ready Mixed Concrete v Minister of Pensions
What factors are important in determining who is an employee or an independent contractor?
Whether a wage is being paid, who provides the tools and equipment, whether the worker has to obey orders, the exercise of control over how the work is being done, the acceptance of any business risk, and the power to hire and fire assistants
What do you do in doubtful cases?
Use the akin to employment test, established in the Christian Brothers
Which factors are used under the akin to employment test?
1) The employer is more likely to have insurance and be able to compensate the victim
2) The act is committed by the employee on behalf of the employer
3) The employee’s activity is likely to be part of the business activity of the employer
4) The employer by employing the employee created the risk of the act being committed
5) The employee will have been under the control of the employer
Which case held that if they are not an independent contractor they will not be vicariously liable?
Barclays Bank v Various Claimants
What is stage 2 of vicarious liability?
Whether the employees acts were so closely connected with acts the employee was authorised to do that it may be regarded as being done in the course of his employment
Which case held an employer will still be liable even if the employee was acting excessively?
Vasey
What was the decision in Century’s Insurance?
Employer will be liable even if employee acted negligently
Which case held the employer will be liable even if the employee acted in an unathorised way?
Rose v Plenty
What was held in Morrisons v Mohamud?
Employer still liable if employee committed a criminal act
When will an employer not be liable under vicarious liability?
If the employee:
1) Does something unrelated to their job (Heasemans v Clarity Cleaning)
2) Committed a frolic of their own (Storey v Ashton)
3) Acted because of a personal vendetta (Morrisons v Various Claimants)