Week 10 - Vicarious Liability

Question 1

Define vicarious liability

Answer 1

Employers are vicariously liable for torts committed by employees

Question 2

What must one prove for vicarious liability to be viable?

Answer 2

• That the worker was an employee, not an independent contractor
• The tort was committed in the course of the employment

Question 3

What is the first rule that defines whether an employee is acting under their employer?

Answer 3

When an employee travels between their usual residence and work, they are not acting in the course of their employment, unless contractually obliged to do so (mode of transport and time defined)

Question 4

What is the second rule that defines whether an employee is acting under their employer?

Answer 4

Travelling between workplaces is under the course of employment

Question 5

What is the third rule that defines whether an employee is acting under their employer?

Answer 5

When an employee is paid for travelling in his employer’s time, they are acting in the course of their employment (regardless of choice of transport and time)

Question 6

What is the fourth rule that defines whether an employee is acting under their employer?

Answer 6

If employee is travelling from usual resident to unusual place of work or emergency, the employee would be acting in the course of their employment

Question 7

What is the fifth rule that defines whether an employee is acting under their employer?

Answer 7

A deviation or interruption of a journey would, for that time, take an employee out of the course of their employment

Question 8

In regards to deviation of a task, how does an employer avoid vicarious liability?

Answer 8

If the employee had gone out of their usual task to deviate