vicarious liability

Question 1

what is VL

Answer 1

imposes liability onto an employer for the wrongful actions of their employee or someone akin to employment

Question 2

main justifications for VL

Answer 2

fairness for the claimant, employer has created the risk by employing the person in that role. the employer was in control of the employee

Question 3

criticisms

Answer 3

it is unfair for an employer to be liable for the wrongdoings of an employee. criminal actions of the employee would be unforseeable and it is unfair for the employer to be responsible.

Question 4

three elements that need to be satisfied to prove vicarious liability

Answer 4

1. the employee must have committed a tort
2. the person needs to be an employee or akin to employment
3. was the tort committed during the course of employment.

Question 5

element 2 step 1 tests

Answer 5

1. control test
2. integration test
3. multiple test

Question 6

multiple test

Answer 6

1. employee agrees to provide work or skill in return for wage
2. employee impliedly or explicitly accepts the work
3. all other considerations consistent with there being an employment

Question 7

step two

Answer 7

if still unclear after the tests, check whether the relationship is functionally analogous

Question 8

CBC criteria

Answer 8

1. the employer is more likely to have the means to compensate C
2. The tort will have been committed as a result of activity taken on behalf of the employer
3. the employers activity is likely to be a part of the business activity of the employrr
4. the employer will have been under the control

Question 9

third element - Salmond test

Answer 9

1. Employee acting agaisnt orders
2. Employee committing a negligent act
3. Frolic

Question 10

close connection test

Answer 10

1. what was the nature of Ts job
2. was there a sufficient connection