Vicarious Liability

Question 1

Define Vicarious Liability

Answer 1

Is the legal imposition of liability upon an overseeing party for the tort of another, who they are responsible for.

Question 2

What are the 2 tests for vicarious liability?

Answer 2

1. The tortfeasor must be an employee of the employer or there is a relationship akin to employment between the tortfeasor and the employee.
   2.The tortious actions must fall within the course of employment or be sufficiently closely connected to the employment.

Question 3

1. The tortfeasor must be an employee of the employer or there is a relationship akin to employment between the tortfeasor and the employee- case

Answer 3

Barclays Bank Plc v Various claimants
doctor-sexual assault
was an independent contractor

Question 4

2.The tortious actions must fall within the course of employment or be sufficiently closely connected to the employment- case

Answer 4

Jehovah Witnesses v BXB
Female was raped
not liable as it was not closely connected to employment/course of employment

Question 5

What are the 3 tests to determine a” relationship of employment”

Answer 5

1. Control test- employer had control over what the employee did
2. Integration test- Was it fully for the business- not independent contractor
3. Economic reality test-

Question 6

Factors to find a relationship akin to employment ( make it fair, just and reasonable to hold them responsible)
By the Christian Brothers case

Answer 6

1. Likely to have means of compensation.
2. The tort committed as a result undertaken by the tortfeasor on behalf of the employer.
3. Was part of some business activity of the employer.
4. Employer had created the risk of tort (employing them)
5. Employer maintains a degree of control over the tortfeasor.

Question 7

Cox v ministry of justice

Answer 7

Liable as there was a reltionship
The case for Factors to find a relationship akin to employment ( make it fair, just and reasonable to hold them responsible).

Question 8

The tortious actions must fall within the course of employment
Actions in the course of employment….

Answer 8

1. Authorised acts
2. Authorised acts done in a way that is prohibited or negligently.

Question 9

Shelborne v CRUK

Answer 9

“Frolic of their own”

Question 10

Rose v Plenty

Answer 10

The tortfeasor is acting in the course of employment, so can be liable

Question 11

What are the two ways considered outside of the course of employment

Answer 11

1. Actions falling outside the scope of employment.
2. Actions taken outside of the employment remit.

Question 12

Mohamud V Morrisons supermarket

Answer 12

Responding to customers was an aspect of the tortfeasors job- abuse was connected. Following him to his car did not mean it was unconnected as he was still working.

Question 13

Lister v Hesley

Answer 13

Intentional and unauthorised wrongdoings commited by the tortfeasor for their own benefit can still be under VL.

Question 14

Morrisons Supermarket v Various Claimants

Answer 14

If an employee intentionally harms the employer, as an vendetta to the employer, the tort will not be considered closely connected and will not be in the course of employment.

Question 15

Control test Mersey Docks v Coggins

Answer 15

Loaned out employers but employer still had control

Question 16

Integration test Ready Mixed Concrete v Ministry of Pensions

Answer 16

Lorry driver, was used for own business and then aswell

Question 17

Economic reality test Carmichael v National Power

Answer 17

0 hour contract