vicarious liablity

Question 1

what is vicarious liablity

Answer 1

a method of imposing liablity
put on the employer for the employees actions

Question 2

who is negligent in vl and who pays

Answer 2

employee/tortforeor-negligent
emplyer-pays

Question 3

what things have depeloped the law on vl reacently

Answer 3

remote work
0 hours contracts eg uber

Question 4

can the emplyer still be vicariously liable even if they had no direct fault

Answer 4

yes

Question 5

what does vl help to do

Answer 5

compensate c
controll companys
ensure training and diciplin

Question 6

what is the traditional test for vl

Answer 6

salmond test

Question 7

what are the 3 parts to the salmond test

Answer 7

1-the tortfeasor commits an unintentional tort
2-the person who committed the tort is an employee
3-the employee commited the tort ‘during the course of employment’

Question 8

what 2 key things must you look at when applying vl

Answer 8

1-emploment status
2- was the emplyer acting within the course of their employment

Question 9

what are the 3 tests that can be used when deciding employment status

Answer 9

1-control test
2-integration test
3-ecnomic reality test

Question 10

what case gave the definition for the controll test

Answer 10

yeowans v nooks

Question 11

what is the definition of the control test

Answer 11

does the ‘master’ have the right to exercise control over the ‘servant’

Question 12

give a case where the control test was used and forfilled

Answer 12

hawley v luminar leisure

Question 13

what is the definition of the intergration test

Answer 13

‘a worker will be an employee if his work is fully intergrated into the business rather than being an accessory to it’

Question 14

give an example of the intergration test

Answer 14

a chauffur is an employee a taxi driver isnt

Question 15

what does the ecnomic reality test consider

Answer 15

ecnomic factors that would indicate a contract of employment

Question 16

what case laid out 3 things to look at when looking at the ecnomic reality test

Answer 16

ready mixed concreate v ministrty of pensions and national insurance

Question 17

what are the 3 things laid oit to look at for the ecnomic reality test from ready mixed concreate v ministrty of pensions and national insurance

Answer 17

1-the employee agrees to work for a wage
2-the employee accepts the work will be subject to the control of the employer
3-all other considerations in the contract are consistant with one of employment

Question 18

what other factors can be looked at when looking at the economic reality test

Answer 18

method of paiment
ownership of tools
tax arangments

Question 19

what case set out the akin to employment idea and criteria

Answer 19

catholic and welfaire society v various claiments

Question 20

what case confirsm the idea that in vl the employee doesnt always have to commit a tort (can be a crime)

Answer 20

mohamud v morrisons supermarkets

Question 21

what case confirmed the close connections test

Answer 21

mohamud v morrisons supermarkets

Question 22

what is the close connections stest

Answer 22

consideration of the employees function and wether there was a sufficiant conection between the wrongfull conduct and the employer

Question 23

what case states that the court may also consider the employers insurance and degree of control

Answer 23

cox v MoJ

Question 24

what can be the case if there are multipul employers

Answer 24

both can be liable and split the compensation costs

Question 25

give a case for multipul emplyers

Answer 25

via systems v thermal transfer

Question 26

what things can be looked at when seeing if the employee was acting within their course of employment

Answer 26

-employee commiting negligent act
-employee acting against orders
-employee committing criminal act
-employee in a ‘frolic’ of their own
-employee acting outside their course of emploment

Question 27

can the employer be liable if the employee commits a negligent act

Answer 27

yes

Question 28

give a case where the employer is liable due to the employees negligent act

Answer 28

century insurance v NI road transport board

Question 29

when can the employer be liable if the employee acts against orders

Answer 29

when the employee is undertaking his course of his employment

Question 30

give a case where the employer was liable even after the employee went against orders

Answer 30

limpus v london genral

Question 31

what is the common law around employees acting aginst order

Answer 31

the employer will be liable if the conduct benifits the company

Question 32

give the case for the employer will be liable if the conduct benifits the company

Answer 32

rose v pleanty

Question 33

will the employer be liable if the employee acts outside the course of their employment

Answer 33

no

Question 34

give a case for an employee acing outside the course of their employment

Answer 34

beard v london genral omnibus

Question 35

when can the employer be liable if the employee commits a criminal act

Answer 35

if there is a close connection between the crime and what the employee was employed to do

Question 36

give a case for an employer being liable because the employees criminal act was close to what they were employed to do

Answer 36

lister v hesley hall

Question 37

will the employer be liable if its for an indpendant contractor

Answer 37

no

Question 38

give a case for indpendant contractors

Answer 38

barclays bank v various claiments

Question 39

if an indpendant contractor is sued who pays

Answer 39

the contractor

Question 40

will the emplyer be liable if the employee is on a ‘frolic’ of their own

Answer 40

no

Question 41

what is a ‘frolic’

Answer 41

the employee commits an act at a time or place not connected to their employment

Question 42

give a case were the employee was on a frolic

Answer 42

hilton v thomas buton

Question 43

give a case where the employee wasnt on a frolic

Answer 43

smith v stages

Question 44

what act allows the employer to recover the money from their employee

Answer 44

civil liablity act 1978