vicarious liability

Question 1

Definition

Answer 1

Where an employer is responsible for the negligence done by their employee

Question 2

In which case was the test established?

Answer 2

Trustee’s of Barry’s Congregation v BXB

Question 3

What are the 2 stages?

Answer 3

1. The tort must be committed by the employee
2. The employee’s acts were closely connected to the course of their employment

Question 4

Stage 1

Answer 4

The tort must be committed by the employee

Question 5

What are the different tests for stage 1?

Answer 5

The means test - Ready Mixed Concrete
Akin to employment test - Christian Brothers, refined in CoX v MoJ
Independent Contractor’s test - Barclay’s Bank

Question 6

Outline the means test

Answer 6

Ready Mixed Concrete:
1. Whether a wage, national insurance and tax are being paid
2. Who provides the tools and equipment for the job
3. Whether the worker has to obey orders
4. The exercise of control over how the work is being done

Question 7

Outline the akin to employment test

Answer 7

Established in Christian Brothers and refined in CoX v MoJ
1. By assigning activities to the T, the D created a risk
2. The activities were an integral part of the businesses activities
3. The activities were carried out for the D’s benefit

Question 8

Stage 2

Answer 8

Morrisons Supermarket - If the employee’s acts were closely connected with the acts that they were authorised to do, they acted within the course of their employment

Question 9

Morrisons Supermarket for stage 2

Answer 9

If the employee’s acts were closely connected with the acts that they were authorised to do, they acted within the course of their employment

Question 10

If the employee’s acts were closely connected with the acts that they were authorised to do, they acted within the course of their employment

Answer 10

Morrisons Supermarket

Question 11

Actions which are a criminal act and intentional case

Answer 11

Mohamud v Morrisons

Question 12

Mohamud v Morrisons

Answer 12

Where T’s actions are closely connected with what they were authorised to do, when committing an intentional criminal act, D may be held liable

Question 13

Where T’s actions are closely connected with what they were authorised to do, when committing an intentional criminal act, D may be held liable

Answer 13

Mohamud v Morrisons

Question 14

Actions which are a criminal act for personal reasons and intentional case

Answer 14

Trustee’s of Barry’s Congregation v BXB - Where T’s actions are not closely connected with what they were authorised to do, when committing an intentional criminal act, D is not liable

Question 15

Trustee’s of Barry’s Congregation v BXB for stage 2 side rules

Answer 15

Where T’s actions are not closely connected with what they were authorised to do, when committing an intentional criminal act for personal reasons, D is not liable

Question 16

Where T’s actions are not closely connected with what they were authorised to do, when committing an intentional criminal act, D is not liable

Answer 16

Trustee’s of Barry’s Congregation v BXB for stage 2 side rules

Question 17

Abuse of children case (intentional)

Answer 17

Lister v Hesley Hall - Where T’s actions are closely connected with what they were authorised to do, when abusing children, D may be held liable

Question 18

Lister v Hesley Hall

Answer 18

D may be held liable for abuse of children

Question 19

D may be held liable - abuse of children

Answer 19

Lister v Hesley Hall

Question 20

Vendetta (intentional) meaning

Answer 20

Where you act upon a grudge

Question 21

Vendetta intentional case and rules

Answer 21

Morrisons - D is not liable

Question 22

Morrisons for vendetta

Answer 22

Where T’s actions are not closely connected with what they were authorised to do, when acting out on a vendetta, D is not liable

Question 23

Where T’s actions are not closely connected with what they were authorised to do, when acting out on a vendetta, D is not liable

Answer 23

Morrisons

Question 24

Social events (personal motive - criminal act, intentional) case

Answer 24

Bellman - Where T’s actions are closely connected with what they were authorised to do, when committing a criminal act at a social event, D is liable

Question 25

Bellman

Answer 25

Where T's actions are closely connected with what they were authorised to do, when committing a criminal act at a social event, D is liable

Question 26

social event

Answer 26

Bellman

Question 27

Social event negligent acts (non-intentional)

Answer 27

Cancer research - Where T's actions are closely connected with what they were authorised to do, when committing a negligent act at a social event, D is liable

Question 28

Cancer research

Answer 28

Social event negligent acts (non-intentional) - D is liable

Question 29

Social event negligent acts (non-intentional)

Answer 29

Cancer research

Question 30

Negligent act (non-intentional)

Answer 30

Century Insurance - D is liable

Question 31

Century Insurance

Answer 31

Negligent act (non-intentional)

Question 32

Unauthorised act, non-intentional

Answer 32

Rose v Plenty - D is liable

Question 33

Rose v Plenty - D is liable

Answer 33

Unauthorised act, non-intentional

Question 34

What is meant by a frolic?

Answer 34

Doing something for your own benefit

Question 35

Frolic, non-intentional

Answer 35

Storey v Ashton - D not responsible

Question 36

Storey v Ashton - D not responsible

Answer 36

Frolic, non-intentional

Question 37

Travelling to and from work, non-intentional

Answer 37

Smith v Stages - If T acted within the course of their employment then D is liable

Question 38

Smith v Stages - If T acted within the course of their employment then D is liable

Answer 38

Travelling to and from work, non-intentional

Question 39

Smith v Stages

Answer 39

If T acted within the course of their employment then D is liable