Meaning
Law makes one person liable within legal relationship for tort committed by another
Tort as intentional
Criminal
Tort intentional example
Assault, Battery, Sexual assault
Tort unintentional what tests carried out
Tests set out in Salmond
Effect of VL
individual who committed the tort will be jointly liable with the employer
What tests for unintentional tort
Control
Integration
Economic
Course of employment
Tortfeasor
Person who commits tort
Claimant
Victim who suffers harm and brings action
Defendant
Person liable for Tortfeasor’s tort
Control test
How much control does the employer have over employee.
Integration test
How much is person apart of business.
Multiple economic reality test
tests consider various factors which may indicate employment or not
Tools and equipment
Employee less likely to own these at work
Payment
Employees more likely to be paid regular payments
Tax
Employees pay tax and national insurance
Job description
Person declare themselves as employee
Independence
Flexibility in being able to work from other sources
course of employment
- Negligent
2.Acting against orders - Frolic of own
- Independent contractor
Intentional tort tests
Akin to employment
Close connection
What did Lord Hale say?
‘Unsure if Akin to employment use 5 stages of Catholic child welfare’
Catholic child welfare
E’yer better financial position
Tort committed as result of activity assigned by e’yer
E act part of business
E’yer created risk of tort.
E under control of e’yer
Close connection test
E wrongful conduct closely connected to acts authorised to do.
Unintentional tort case
Smith
Intentional tort
Lister
-
Remedies15
-
Damages14
-
Negligence16
-
Breach of duty16
-
Resulting damages8
-
Intervening acts6
-
Vicarious liability32
-
Occupiers liability41
-
Vicarious liability evaluation27
-
Private nuisance43
-
Negligence Evaluation24
-
Occupiers liability evaluation30
-
Rylands V Fletcher34
-
Evaluation of fault based liability29
