Vicarious Liability - Tort - Paper 2

Question 1

What is vicarious liability?

Answer 1

Where an employer is responsible for an employee’s negligence.

Question 2

How many conditions must be proven?

Answer 2

2 conditions must be satisfied

Question 3

What is the first condition of vicarious liability?

Answer 3

It must be determined whether the worker is an employee or an independent contractor

Question 4

What test should be used in cases where the worker is likely an employee?

Answer 4

The multiple test

Question 5

What 6 factors should be considered under The Multiple Test?

Answer 5

1. Wage, tax and national insurance
2. Who provides tools or equipment
3. Does the worker have to obey orders?
4. Exercise of control over how the work is being done
5. Acceptance of business risk
6. The power to hire or fire

Question 6

What case created the Multiple Test?

Answer 6

Ready Mix Concrete

Question 7

What test should be used in doubtful cases?

Answer 7

Akin to Employment Test

Question 8

Which case established the Akin to Employment Test?

Answer 8

Christian Brothers`

Question 9

What should be considered under the Akin to Employment Test?

Answer 9

1. Employer will be more able to compensate/have insurance
2. Is the act committed on behalf of the employer?
3. Is the employee’s activity 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 10

What happens if the worker is considered to be an independent contractor?

Answer 10

The employer will not be vicariously liable

Question 11

Which case states that if a worker is an independent contactor, their employer cannot be vicariously liable for their negligence?

Answer 11

Barclays Bank v Various Claimants

Question 12

What is stage 2 of vicarious liability?

Answer 12

Consider “whether the employee’s acts were so closely connected with acts the employee was authorised to do that it may fairly and properly be considered as being done in the course of his employment.”

Question 13

In what cases is the employer liable?

Answer 13

• Employee acted excessively (Vasey)
• Acted negligently (Centuries Insurance)
• Acted in an unauthorised way (Rose v Plenty)
• Criminal act (Morrisons v Mohamud)
• Abused students (Lister v Hesley Hall)

Question 14

In what cases is the employer not liable for the employee’s actions?

Answer 14

• Doing something completely unrelated to their job (Heasemans v Clarity Cleaning)
• Committing a frolic of their own (Storey v Ashton)
• Personal vendetta (Morrisons v Various Claimants)

Question 15

What is the side rule on travelling to and from work?

Answer 15

It is not normally regarded as being in the course of employment, but employer may be liable if the employee is being paid to travel or given travel expenses (Smith v Stages)