What are the basic elements of vicarious liability?
Tort committed by tortfeasor
Tortfeasor is an employee/akin to employee
Tort committed in the course of employment
List the 5 tests to identify employment status
Contract of service or contractor?
Control test
Integration test
Economic reality test
Christian Brothers test (for doubtful cases)
When is the Traditional approach used?
When the tort is unintentional or negligent.
When is the Modern approach used?
When the tort is intentional or criminal.
What are the 3 circumstances where an employer IS liable (Traditional)?
Authorised act
Unauthorised manner of authorised act
Careless/Negligent act during work
What are the 2 key reasons an employer is NOT liable?
Employee on a frolic of their own
Completely unauthorised act unrelated to duties
