Vicarious Liability

Question 1

Vicarious Liability

Answer 1

Occurs when A is financially liable for B’s loss or harmful actions.

Question 2

Test

Answer 2

1. Test to determine if employee or contractor
2. Linking the job to the tort

Question 3

Requirement 1- Intention test

Answer 3

What did the parties intend?

Question 4

Requirement 1 - Control vs Independence

Answer 4

Does A have the right to tell B what to do and how to do it?

Question 5

Requirement 1 - Integration

Answer 5

How integrated is B into A’s organisation?

Question 6

Requirement 1 - Fundamentality

Answer 6

Who takes the financial risks?
If you are contributing money to providing the service then that sounds more like a contractor.

Question 7

Requirement 2

Answer 7

Employer only vicariously liable if tort committed within scope of environment.
Is the wrongful act linked to the employee’s job duties in a way that makes the employer responsible?