VICARIOUS LIABILITY

Question 1

Vicarious Liability

Answer 1

When an employer is liable for torts committed by their employees.
Strict Liability tort as employer is liable although not at fault.
Employer = D
Tortfeasor = person who committed tort

Question 2

I.

Answer 2

Was a tort committed?

Negligence/ Negligent Misstatement

Question 3

II.

Answer 3

*Was a tortfeasor an employee?
Employer vicariously liable only for employee
The multiple test - Ready Mix Concrete
Cox v Ministry - relationship of employment

Question 4

III.

Answer 4

Was the employee acting in the course of employment when the tort was committed?
Authorised acts make the employer VL even if
- Acting in a negligent manner - Century v Insurance
- Acting in a forbidden manner - Rose v Plenty
- Close connection test (between wrongful conduct + what employee was supposed to do) - Mohamud v Morrisons
- ‘On frolic of own’ - Hilton v Thomas Burton. Employee acting outside course of employment

Question 5

Remedies

Answer 5

Employers must be able to compensate C - insurance. Encourages higher safety standards.