Definition
Vicarious Liability is where one party ,usually an employer, is responsible for the torts of another party ,usually an employee.
(lord millet definition)
T must have commited a tort
The t must have commited a tort rather than a crime, in order for the c to make a claim they must have suffered an injury or loss due to the tort ( Poland v Parr)
Control Test
Independent contractors are told what to do but not how to do it whereas employees are told what to do and how to do it ( Hawley v Luminar Leisure)
The integration test
The more closely connected a worker is involved with the core business of the employer, the more likely they are to be classed as an employee ( S.S.H ltd v Macdonald and Evans)
The multiple test
(Readymix Concrete v Minister of Pensions)
how much control the employer has over the employee and the work their doing
Personal Peformance- whether or not the employee can delegate their work ( Echo + Express publication v Tantons )
Mutuality of Obligation - whether the employer has a legal obligation to pay the worker/worker has a corresponding obligatoon to be available at work as per the contract ( Carmicheal v National Power)
Catholic Brothers criteria : akin to employement
- employer is more likely to have means to compensate
- tort committed as a result of activity
- activity likely to be a part of business activity
- employer created the risk
- employee will be under the control of the employer
Course of employement
- An authorised act done in a wrongful way and unathourised way ( Century insurance v Nothern Ireland Road Transport)
- An authorised act done in an expressively forbidden way ( Rose v Plently)
- Acting negligently: an employer can still be liable even if an employee is acting against orders if the employee is doing his or her job ( century insuance v nothern ireland road transport)
An unauthorised act then the D wont be liable
Closely Connected
There must be a close connection between that relationship and the wrongdoing which was done ( Dubai Aluminium v Salaam)
Remedies
if the employer has to pay damages they can be recovered from the employee under The Civil Liability Contributions Act 1978
Evaluation : Fair to employers
- forces them to have better working conditions
- close connection means employers arent liable for actions unrelated to the job
- can claim the money back from the employee
- most companys have insurance
- frolic of their own - pass responsibility back to employee
Unfair to employers
- Ambigious Boundaries: unfair vagueness of closely connected makes it hard to know whats classed as employement and what isnt
- can be held liable for a highly skilled employer even if its way out of their expertice
- employer liable for somebody elses wrongdoing
- a company can face reputational risk
