Vicarious Liability - Tort Law

Question 1

What is Vicarious Liability?

Answer 1

When the law makes one person liable for the tort of another.

Question 2

Vicarious Liability is a form of strict liability, what is meant by this?

Answer 2

No need to prove fault to be liable, an employer remains liable for torts of his employees even if he himself may not be at fault in any way.

Question 3

How can employer recover compensation they paid out for employees tort?

Answer 3

Sue employee under the Civil Liability (Contributions) Act 1978

Question 4

In order to establish vicarious liability, what must be proved?

Answer 4

1. Worker has committed a tort
2. The tortfeasor is an employee
3. The tort was committed in the course of their employment

Question 5

1: Employee has committed a tort: what does this mean?

Answer 5

C must show existence of the elements of whichever tort is alleged, e.g. negligence, OLA 57/84

Question 6

2: Tortfeasor is an employee: what test is used to classify a worker?

Answer 6

Multiple test - employer or independent contractor

Question 7

What factors are taken into account under the multiple test?

Answer 7

Payment, tax, type of contract, equipment & premises, illness, delegation