Vicarious Liability (Paper 2)

Question 1

What is vicarious liability?

Answer 1

When an employer is liable for the actions of an employee

Question 2

How many conditions must be proven?

Answer 2

Two

Question 3

What is the first stage?

Answer 3

To decide whether the worker is an employee or an independent contractor (self-employed)

Question 4

What is the test used for obvious employer-employee relationships?

Answer 4

The multiple test

Question 5

Which case established the multiple test?

Answer 5

Ready Mixed Concrete v Minister of Pensions

Question 6

What factors are important in determining who is an employee or an independent contractor?

Answer 6

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

Question 7

What do you do in doubtful cases?

Answer 7

Use the akin to employment test, established in the Christian Brothers

Question 8

Which factors are used under the akin to employment test?

Answer 8

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

Question 9

Which case held that if they are an independent contractor they will not be vicariously liable?

Answer 9

Barclays Bank v Various Claimants

Question 10

What is stage 2 of vicarious liability?

Answer 10

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

Question 11

Which case held an employer will still be liable even if the employee was acting excessively?

Answer 11

Vasey

Question 12

What was the decision in Century’s Insurance?

Answer 12

Employer will be liable even if employee acted negligently

Question 13

Which case held the employer will be liable even if the employee acted in an unathorised way?

Answer 13

Rose v Plenty

Question 14

What was held in Morrisons v Mohamud?

Answer 14

Employer still liable if employee committed a criminal act

Question 15

When will an employer not be liable under vicarious liability?

Answer 15

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)

Question 16

What was decision in Smith v Stages regarding travelling to and from work?

Answer 16

Normally not in the course of employment, but the employer may be liable if the employee is being paid to travel or is given travel expenses