Vicarious Liability

Question 1

What is vicarious liability?

Answer 1

It’s when one person (usually an employer) is held legally responsible for the tort of another (usually an employee). It’s a form of strict liability based on the relationship between the tortfeasor (T) and the defendant (D).

Question 2

What must the claimant (C) prove first?

Answer 2

That a tort, not a crime, was committed and caused a recognised loss or injury.

Question 3

What case shows this principle?

Answer 3

Poland v Parr – Employer liable when employee assaulted a boy to protect master’s goods.

Question 4

What must be shown for vicarious liability to apply?

Answer 4

That the tortfeasor was an employee or in a relationship akin to employment.

Question 5

What does the control test focus on?

Answer 5

Whether the employer controls what and how the employee does their work.

Question 6

Case for control test?

Answer 6

Hawley v Luminar Leisure – Club exercised control over bouncer ⇒ vicarious liability found.

Question 7

What does the integration test look at?

Answer 7

How integrated the worker is within the business.

Question 8

Case for integration test?

Answer 8

Stevenson, Jordan & Harrison v McDonald and Evans – Workers integrated into core business likely to be employees.

Question 9

What factors are considered under the multiple test?

Answer 9

Control, personal performance, and mutuality of obligation.

Question 10

Case for the multiple test?

Answer 10

Ready Mixed Concrete v Minister of Pensions.

Question 11

Explain the three factors:

Answer 11

Control: Employer directs how work is done.
Personal performance: Worker must do job personally (Express & Echo Publications v Tanton).
Mutuality of obligation: Employer must provide work and employee must accept it (Carmichael v National Power).

Question 12

When is a relationship “akin to employment”?

Answer 12

When there’s no formal contract, but the relationship meets fairness criteria.

Question 13

Case for akin to employment?

Answer 13

Catholic Child Welfare Society v Various Claimants (Christian Brothers).

Question 14

What are the five fairness criteria?

Answer 14

Employer more likely to compensate victim and has insurance.
Act done on behalf of employer.
Activity part of employer’s business.
Employer created the risk by employing the worker.
Employer exercised some control.

Question 15

Are employers liable for torts of independent contractors?

Answer 15

Generally no – they are not employees.
Case: Barclays Bank v Various Claimants

Question 16

When will the employer be liable?

Answer 16

If the tort occurred in the course of employment or was closely connected to it

Question 17

When is the employer liable?

Answer 17

If employee commits a tort while doing an authorised act negligently.
Case: Century Insurance v Northern Ireland Road Transport Board – Driver’s careless act while working made employer liable.

Question 18

Can an employer be liable for forbidden acts?

Answer 18

Yes, if the act was done in the course of employment, even if forbidden.
Case: Rose v Plenty – Milkman using boy to help with deliveries still “in course of employment.”

Question 19

Is the employer liable for unauthorised acts?

Answer 19

No, not if the act was completely outside employment.
Case: Beard v London General Omnibus Co – Bus conductor driving bus not part of employment.

Question 20

When does the close connection test apply?

Answer 20

When the tort is closely connected to the employee’s role.

Question 21

Key cases for close connection?

Answer 21

Lister v Hesley Hall – Warden’s assaults closely connected to his duties.
Dubai Aluminium v Salaam – Tort part of business activity.

Question 22

When is the employer not liable?

Answer 22

If the employee was acting entirely outside of employment.
Case: Twine v Beans Express – Driver giving unauthorised lift not in course of employment.

Question 23

What happens if vicarious liability is established?

Answer 23

The employer (D) will be liable to pay damages to C.

Question 24

Can the employer recover compensation from the employee?

Answer 24

Yes – under the Civil Liability (Contribution) Act 1978.

Question 25

What three things must C show to succeed in a vicarious liability claim?

Answer 25

A tort was committed by T causing damage. T was an employee (or akin to one). The tort occurred in the course of employment or was closely connected to it.

Question 26

What happens if all three are satisfied?

Answer 26

The employer (D) will be vicariously liable.