Vl Flashcards
What is vicarious liabilty
Where an employer has a legal responsibility for the unlawful actions of a employee
What is to be decided between
Employee vs independent contractor
2 things to rest for
- Employee of independent contractor
- Tort act during course of employment
Control test case
Yewens V noakes
Control test looks at
Power to select staff
Right to control working
Right to suspend or dismiss
Payment of wages
Equipment
Mersey socks case
If worker is hired without equipment normally employee
No equipment = IC
Organisation test case
Jordan harrison V mc Donald’s and evans
Organisation test looks at
If his work is fully integrated into the business
Work so fully integrated= employee
Only an ACCESSORY= independent
Economic reality test case
Ready mixed concrete
Looked at in economic reality
Equipment
Provide work in determining for wage - regular salary
Expressly or implied to employer control
Tax
Cox V MOJ
Christian brothers case
- Result of activity being undertaken by employer
- Part of business activities
- Employer created the risk
- Court will consider insurance
Salmond test
Looks at in if offence was in course of employment
Was relationship akin to employment
Was commission of act closely connected to employment
Commmitign a crime
Employer can be liable for criminal actions
Lister V hesley hall
Frolic of own liable or not
Liable if in course of employment
Smith V stages
Mohammed V Morrisons - if there is close connection then liable or if given authorisation
Frolic of own liable or not
Liable if in course of employment
Smith V stages
Mohammed V Morrisons - if there is close connection then liable
