Vicarious liability test two Flashcards
What is required for the tort to be actionable under Rule Two?
The tort must have occurred during the course of employment or there must be a ‘close or sufficient connection’ between the wrongdoing and employment.
How is the ‘close or sufficient connection’ test used?
This test is to be used in conjunction with the old ‘course of employment’ test.
What does the ‘course of employment’ test establish?
It establishes that employees who committed a negligent act, when acting against orders but in the interest of the employer, were acting in the course of employment.
Can you provide an example case related to the ‘course of employment’?
Yes, in the case of Rose v Plenty, employees acted in the course of employment especially where it benefitted the employer.
What defines acting in the course of employment?
Employees who committed a negligent act while doing what they were employed to do were acting in the course of employment.
(Limpus v London General Omnibus)
What is another example of acting in the course of employment?
Employees who committed a careless act while doing what they were employed to do were acting in the course of employment.
(Century Insurance v Northern Ireland Transport)
What happens when employees act on a ‘frolic of their own’?
Employees who have acted on a ‘frolic of their own’ and commit the tort outside the scope of their employment are not acting in the course of employment.
(Hilton v Thomas Burton)
What is the outcome if employees act against orders?
Employees who acted against orders and whose actions were not in the benefit of the employer were not acting in the course of employment.
(Beard v London General Omnibus)
What is the result of employees committing unauthorized actions?
Employees who committed an unauthorized action, with no benefit to the employer, were not acting in the course of employment.
(Twine v Beans Express)
What is the modern ‘close connection’ test?
The modern ‘close connection’ test can be used when an employee’s actions may not fit into traditional tests of course of employment.
What does the court consider in the ‘close connection’ test?
The court will ask what was the nature of the employee’s job and whether there was a sufficient connection between the wrongdoing and the employment.
What is the general approach from Dubai Aluminium regarding wrongful conduct?
The general approach is whether the wrongful conduct of the employee was closely connected with acts the employee was authorized to do.
Which case first considered the ‘close connection’ test?
The test was first considered in Lister v Hesley Hall.
Which cases confirmed the ‘close connection’ test?
The test was confirmed in Various Claimants v. Catholic Child Welfare Society, Armes v Notts CC, Mohamud v Morrisons Supermarkets, Barclays Bank v Various Claimants, and Morrisons Supermarkets v Various Claimants.
What types of actions can the ‘close connection’ test apply to?
This test can apply to torts or intentional torts (crimes) of an employee.
In which cases has D been held vicariously liable for TF’s crimes?
Times where D has been held to be vicariously liable for TF’s crimes were seen in various relevant cases.
