Vicarious Liability: The Course of Employment Flashcards
What is needed for the employer to be liable?
Employee must commit tort in the course of employment
What are the different kinds of course of employment?
Acting against orders
Negligent act
Frolic
What is acting against orders?
Where the employee acts against orders, employer is liable if they benefitted from the crime
What happened in Rose v Plenty?
Dairy was VL for milkman’s negligence as the dairy was beneffititng from the work done by the boy
What is AO3 for acting against orders?
P - Unfair on employer as they have specifically prohibited the employee
DP - Could lead to sloppy training as they will get a benefit, puts public at risk,
WDP - However, it encourages greater vigilance, understand consequences
What is negligent act?
If employee does job badly employer could be liable for injury it causes
What happened in Century Insurance v Northern Ireland Road Transport Road?
Employer was liable to pay compensation as the driver was doing his job even though it was negligent
What is a frolic?
Employee does something outside of area of work, own mission, empoyer not liable
What happened in Hilton v Thomas Burton?
Cafe - Employer not liable as workmen were on an unauthorised frolic and not acting in course fo employement
What happened in Smith v Stages?
Car accident - eployer liable as he acted in course of employmen, paid for travelling time
What happened in Twine v Beans Express?
Employers not liable as driver did unauthorised act as employer gained no benefit from it
What happened in Beard v London General Omnibus?
Employer not liable as conductor was doing something outside course of employment
What is the rule on PC’s and uniform?
If a PC uses his uniform to gain the trust of a victims, employer wont be VL if commits crime
What is the case regarding PCs?
N v Chief Constable of Merseyside Police
What is AO3 for frolic?
P - Conflicts with case of Lister where abuse of trust was CC, teacher is VL is abuse student but police raping someone is considered frolic
DP - Robinson v CCWY - police owe DOC, unlikely decision in today’s time
WDP - Death of Sarah Everhard cases uproar and need to uphold public policy, Parliament need to intervene and make it clear what profession it applies to
