vicarious liablity Flashcards
what is vicarious liablity
a method of imposing liablity
put on the employer for the employees actions
who is negligent in vl and who pays
employee/tortforeor-negligent
emplyer-pays
what things have depeloped the law on vl reacently
remote work
0 hours contracts eg uber
can the emplyer still be vicariously liable even if they had no direct fault
yes
what does vl help to do
compensate c
controll companys
ensure training and diciplin
what is the traditional test for vl
salmond test
what are the 3 parts to the salmond test
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’
what 2 key things must you look at when applying vl
1-emploment status
2- was the emplyer acting within the course of their employment
what are the 3 tests that can be used when deciding employment status
1-control test
2-integration test
3-ecnomic reality test
what case gave the definition for the controll test
yeowans v nooks
what is the definition of the control test
does the ‘master’ have the right to exercise control over the ‘servant’
give a case where the control test was used and forfilled
hawley v luminar leisure
what is the definition of the intergration test
‘a worker will be an employee if his work is fully intergrated into the business rather than being an accessory to it’
give an example of the intergration test
a chauffur is an employee a taxi driver isnt
what does the ecnomic reality test consider
ecnomic factors that would indicate a contract of employment
what case laid out 3 things to look at when looking at the ecnomic reality test
ready mixed concreate v ministrty of pensions and national insurance
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
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
what other factors can be looked at when looking at the economic reality test
method of paiment
ownership of tools
tax arangments
what case set out the akin to employment idea and criteria
catholic and welfaire society v various claiments
what case confirsm the idea that in vl the employee doesnt always have to commit a tort (can be a crime)
mohamud v morrisons supermarkets
what case confirmed the close connections test
mohamud v morrisons supermarkets
what is the close connections stest
consideration of the employees function and wether there was a sufficiant conection between the wrongfull conduct and the employer
what case states that the court may also consider the employers insurance and degree of control
cox v MoJ
what can be the case if there are multipul employers
both can be liable and split the compensation costs
give a case for multipul emplyers
via systems v thermal transfer
what things can be looked at when seeing if the employee was acting within their course of employment
-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
can the employer be liable if the employee commits a negligent act
yes
give a case where the employer is liable due to the employees negligent act
century insurance v NI road transport board
when can the employer be liable if the employee acts against orders
when the employee is undertaking his course of his employment
give a case where the employer was liable even after the employee went against orders
limpus v london genral
what is the common law around employees acting aginst order
the employer will be liable if the conduct benifits the company
give the case for the employer will be liable if the conduct benifits the company
rose v pleanty
will the employer be liable if the employee acts outside the course of their employment
no
give a case for an employee acing outside the course of their employment
beard v london genral omnibus
when can the employer be liable if the employee commits a criminal act
if there is a close connection between the crime and what the employee was employed to do
give a case for an employer being liable because the employees criminal act was close to what they were employed to do
lister v hesley hall
will the employer be liable if its for an indpendant contractor
no
give a case for indpendant contractors
barclays bank v various claiments
if an indpendant contractor is sued who pays
the contractor
will the emplyer be liable if the employee is on a ‘frolic’ of their own
no
what is a ‘frolic’
the employee commits an act at a time or place not connected to their employment
give a case were the employee was on a frolic
hilton v thomas buton
give a case where the employee wasnt on a frolic
smith v stages
what act allows the employer to recover the money from their employee
civil liablity act 1978
