what is vicarious liability?
a strict liability tort which imposes liability onto an employer for any unintentional tort committed by an employee, or someone akin to an employee, during the course of their employment
what is an unintentional tort?
Any civil wrong committed without intent, such as negligence or malpractice.
what is a tortfeasor?
what is the difference between a contract of service and a contract for service?
If the tortfeasor holds a contract of service, they are seen to be employed by the defendant - who may be vicariously liable for their actions. If the tortfeasor holds a contract for service, they are considered an independent contractor; the defendant will not be vicariously liable for their actions
who created the control test and in what case?
Lord Thankerton in Short v J W Henderson Ltd
When will a tortfeasor be an employee under the control test?
When the employer has control over them, including: the power to select the employee, the right to control the method of working, the right to suspend and dismiss, and the payment of wages
when will the control test be applied?
cases involving borrowed workers
Mersey Docks + Harbour Board v Coggins + Giffiths?
the permanent employer will be presumed liable unless the contrary is proved; if the employee is hired out without any equipment, this suggests that the hirer has significant control
who created the integration test and in what case?
Lord Denning in Stevenson, Jordan and Harrison Ltd v McDonald and Evans
when will integration test be used?
When the tortfeasor is fully integrated into the business, and is not solely an accessory to it
