Vicarious Liability

Question 1

What is vicarious liability?

Answer 1

When a person or organisation is legally responsible for a tort they did not commit due to their relationship with the tortfeasor.

Question 2

What is the two-stage test for vicarious liability?

Answer 2

1. Relationship akin to employment.
2. Close connection between that relationship and the wrongdoing.

Question 3

What does Stage 1 require?

Answer 3

A relationship akin to employer and employee.

Question 4

What test is used to determine employment status?

Answer 4

The Economic Reality (Multiple) Test.

Question 5

Which case sets out the Economic Reality Test?

Answer 5

Ready Mixed Concrete – concrete lorry drivers.

Question 6

What are the three elements from Ready Mixed Concrete?

Answer 6

1. Work for regular pay.
2. Under control of company.
3. Other terms consistent with employment (uniform, tax, training).

Question 7

What distinguishes a traditional employee?

Answer 7

Regular pay and contract of employment.

Question 8

What is meant by ‘akin to employment’?

Answer 8

A relationship similar to employment (e.g. zero-hour contracts).

Question 9

How does an independent contractor differ?

Answer 9

Works for themselves; not under employer’s full control.

Question 10

When is the Control Test used?

Answer 10

When one employer lends an employee to another.

Question 11

Which case sets the presumption for borrowed employees?

Answer 11

Mersey Docks v Coggins & Griffiths – permanent employer presumed liable.

Question 12

Which case shows control can shift liability?

Answer 12

Hawley v Luminar – bouncer; new employer liable due to high control.

Question 13

Which case extended liability to non-traditional employees?

Answer 13

Cox v Ministry of Justice – prisoner working in kitchen.

Question 14

What two factors were identified in Cox v MoJ?

Answer 14

1. Actions furthered D’s business.
2. D created the risk by assigning the activity.

Question 15

Which case applied Cox where status unclear?

Answer 15

Barclays Bank v Various Claimants – doctor medical exams.

Question 16

What does Stage 2 require?

Answer 16

A close connection between employment and wrongdoing.

Question 17

How can Stage 2 be satisfied?

Answer 17

Authorised wrongful act OR unauthorised act closely connected to authorised work.

Question 18

Which case sets out modern ‘course of employment’?

Answer 18

Morrisons v Various – data leak; was it personal or work-related?

Question 19

Which case shows intentional wrongdoing within employment?

Answer 19

Mohamud v Morrisons – racial abuse connected to job.

Question 20

Which case shows intentional wrongdoing as frolic of his own?

Answer 20

N v CC Merseyside – officer rape; personal act.

Question 21

Which case shows unintentional wrongdoing within employment?

Answer 21

Rose v Plenty – milkman used child labour; still business-related.

Question 22

Which case shows unintentional wrongdoing as frolic?

Answer 22

Twine v Beans Express – forbidden lift; personal reasons.

Question 23

[Diagram: Stage 2 Flowchart]

Answer 23

Always start with Morrisons.
Ask: Work benefit or frolic of his own?
Work → Likely V.L.
Personal → No V.L.

Question 24

What Act governs contribution between employer and tortfeasor?

Answer 24

Civil Liability (Contribution) Act 1978.

Question 25

What does the 1978 Act allow?

Answer 25

Employer can reclaim damages from tortfeasor after paying claimant.

Question 26

Why is contribution rarely used?

Answer 26

Employees often lack funds; legal costs outweigh recovery.