Vicarious Liability

Question 1

VL

Answer 1

Lord Millet: “species of strict liability… An employer who is not personally at fault is made legally answerable”

Question 2

C, TF, D

Answer 2

Claimant -party who suffers harm
Defendant- third party held liable for TF’s tort
Tortfeasor- the party that commits the tort and causes harm

Question 3

T must have committed a tort

Answer 3

T must have committed a tort rather than a crime. In order to claim the C must have suffered a loss/injury due to tort (Poland v Parr)
Battery (Mattis v Pollock)
Sa (Lister v Hesley Hall)
Intentional interference with economic interests/ stealing (Brinks Global v Ingrox Services)
Harassment (Majrowski)
Misuse of private info/ breach of confidence (Morrison Supermakert v various claimants)

Question 4

EMPLOYEE

Answer 4

Control test: independent contractors are told WHAT to do BUT employees are told WHAT to do and HOW to do it (Hawley v Luminar Leisure Ltd)
Integration test- the more closely a worker is involved with the core business of the employer, the more likely he is to be an employee (Stevenson v MacDonald)
Multiple test- 3 factors (Ready Mix Concrete v Minister of Pensions): control- does the employer have some control over the worker and the work they are doing+ what extent is the employer in CHARGE of the worker and work being carried out. Personal performance- the worker cannot delegate their job to someone else (Echo and Express Publication v Taunton). Mutuality of obligation -employer has a legal obligation to pay the worker/worker has a corresponding obligation to be available to work as per contract (Carmichael v National Power)

Question 5

Akin to employment

Answer 5

Like employed, a relationship between two parties which makes it proper for the law to make one party at fault of the other (Barclays Bank PLC v Various Claimants)

Question 6

Akin to employment (The Catholic Brothers criteria)

Answer 6

1. Employer is more likely to have means to COMPENSATE (insured)
2. ACTIVITY likely to be part of business activity
   3.TORT committed as a result of the activity
3. Employee will be under CONTROL of the employer
4. Employer created the RISK

Question 7

Independent contractors(self-employed)

Answer 7

D is not vicariously liable for tort committed during course of employment.
(Barclays v Various Claimants)

Question 8

Course of employment

Answer 8

Acting against orders (Limpus v London General)
Liable even if after hours (Bellman)
Authorised act done in expressly forbidden way (Rose v Plenty)
NOT liable if the car is unauthorised (Beard v LGO) @
Acting negligently- liable even if employee is acting against orders if the employee is doing their jobs (Century Insurance v Northern Ireland Road Transport Board)

Question 9

Closely connected

Answer 9

Employers can be held responsible for their employees deliberate wrongdoing as long as what they did was closely linked to their job even if employers didn’t know about it. Connection between relationship and wrongdoing.
Does not have to be at work (Dubai Aluminium)

Question 10

Frolic of own

Answer 10

When person is doing something completely irrelevant to their work and not linked to their role in any way for their own benefit (Morrisons v Various Claimants)
VL if benefits (Rose v Plenty) @
No liability where TF is on frolic of his own and intention and motive key to determining (Bellman)
2 employers can share liability (Vlasters) @
SC held VL can be imposed on situations outside of ‘normal’ employment (Cox)

Question 11

Remedies

Answer 11

If the employer has to pay damages they can be recovered from the employer under THE CIBIL LIABILITY (CONTRIBUTION) ACT 1978