Vicarious liabilty? Flashcards
What is Vicarious liability?
Vicarious liability occurs where the law holds Person A responsible for a tort committed by Person B
-Liability is strict i.e Person A does not have to be at fault. e.g. employer being held liable for the tort committed by his employe which the tort has to be proved
What Two steps to establish before employer will be held responsible for an employee tort?
1) The Employer-Employee relationship
2)In a Course of Employment
What is 2 test for the Employer-Employee relationship?
-The Control test
-The multiple test
What is the control test?
this test employees and independent contractors may both be told what to do but only employees may be told what to do and how to do it
Case for Control test?
-Walker v Crystal Palace Football Club-Footballer is an employee and is under the control of the club for training schedules
What is the Multiple test?
takes into account a number of factors it examines other factors such as who pays tax and contributions whether the workers is paid Salary
Case for multiple test?
-Ready Mix concrete v Minister of Pensions illustrates several factors indicated that the lorry driver were employees e.g. they had to wear company uniform
What is In a course of Employment?
An employer is vicariously liable for any authorised act committed by his employee even if it’s carried out in an unauthorised manner
Cases for In course of Employment?
•Century Insurance v Northern Ireland Road Transport Board
•Limpus v London General Omnibus
•In Beard v London General Omnibus
Century Insurance v Northern Ireland Road Transport Board?
vicariously liable because carrying out his authorised duties (driving the lorry), although in a highly negligent manner (discarding a match).
Limpus v London General Omnibus?
Employer was not liable for harm caused.His driving was performing authorised act (driving the bus) even if the manner of (racing) had been forbidden.Found of Vicarious liability
Beard v London General Omnibus?
Employer was not liable as the employee’s act (driving the bus) was not authorised
