Vicarouis Liability Flashcards
What is vicarious liability?
Vicarious liability is where an employer is held liable for the torts and crimes of their employees, ensuring claimants are compensated
Which case/who first defined vicarious liability?
Sir John Salmond defined it in 1907.
Which cases have recently developed vicarious liability?
Lister v Hesley Hall (2002) to Barclays Bank v Various Claimants (2020).
Who are the key parties in a vicarious liability case?
C (Claimant) – the injured party
D (Defendant) – the employer TF (Tortfeasor) – the employee who committed the wrongd
What are the two requirements for vicarious liability?
- The tortfeasor must be an employee or in a position ‘akin to employment’.
- The Tort must be
committed in the
Course of Employment
What tests determine if the tortfeasor is an employee? And case
Economic Reality (Multiple) Test (Ready Mixed Concrete v Minister of Pensions) – Does the tf recive a salary,do they have tax dectucted from their salary ,have an employment contract ,equipment provided ,are they unable to delegate task
When is the “akin to employment” test used? And case
When there is doubt about employment status (JGE v Portsmouth Catholic Trust).
Which case established akin to employment test and how many criteria
The Christian brothers case with 5 criteria
Which case developed 3 stage akin to employment test and what are they
E v English province
1)A relationship “akin to employment” between
the Tortfeasor and the Employer
2) There must be a “close connection” between
this relationship and the Tort committed.
3) It is fair, just & reasonable to impose liability to D
Give an example of someone NOT “akin to employment.”and case
Bailiffs (Kalfagi v JBW Group).
Doctors in the Barclays v multiple claimants case
Are employers liable for the torts of independent contractors?which case confirms this
No, confirmed in Barclays Bank v Various Claimants.
Can vicarious liability be shared? Case
Yes (Viasystems v Thermal Transfer)
What is the second rule
The Tort must be
committed in the
Course of Employment
What are the different situations do we look to see if it falls during the course of employment
1) is the tf Acting Against Orders
2)is the tf Committing a Crime
3)is the tf committing a Negligent Act
4)is the tf on a ‘Frolic of their own’
Can an employer be vicariously liable if the employee ignores instructions?+ case
Yes! If the employee was still doing their job, the employer can be vicariously liable.
Rose v Plenty (1975) – A milkman used a child helper despite being told not to. The employer was still liable because the milkman was working.
Can an employer be vicariously liable if the employee commits a crime at work? + case
Yes, if there is a close connection between the crime and the job.
Lister v Hesley Hall (2001) – A warden abused children under his care. Since his job involved supervision, the employer was liable.
What happens if an employee does their job negligently and causes harm? + case
The employer can still be vicariously liable.
Century Insurance v NI Road Transport Board (1942) – A petrol lorry driver caused an explosion while unloading fuel. The employer was liable.
What is a “Frolic of Their Own” and how does it affect liability?. + case
If the employee was doing something completely unrelated to work, the employer is not vicariously liable.
Storey v Ashton (1869) – A clerk took a detour to visit family instead of making a delivery. The employer was not liable.
: What happens if an employer is found vicariously liable?
They must pay compensatory damages to the injured party (C).
