Vicarious Liability

Question 1

Define Tortfeasor

Answer 1

The person that has committed the tort; usually the employee.

Question 2

Define Claimant

Answer 2

The person who has been affected by the actions of the tort feasor

Question 3

Define Defendant

Answer 3

The company/organisation responsible for the actions of the tortfeasor.

Question 4

3 Elements of the Traditional employment test:

Answer 4

1. The employer has control over the actions of the employee
   >Yewens v Noakes
2. Intergation test
   A worker will be an employee if his work is fully integrated into the business
   >Steven, Jordan and Harrison ltd v Mcdonald
3. Economic reality test
   indicates employment or self-employment through ownership of tools, method of payment, tax deductions, how the person describes themselves, amount of independence and flexibility etc.
   >Ready mixed concrete v MPNI

Question 5

Non traditional employment test

Answer 5

'’Akin to employment’’ - will be satisfied by courts if:
>the relationship between the defendant and the tortfeasor Is similar to employment
>there must be a sufficiently close connection between the wrongful act and the relationship between the tortfeasor and the employer.
>Akin to employment when it is fair, just and reasonable.
>Christian brothers case
>Cox v Ministry of justice.

Question 6

Elements in the christian brother’s case that clarify whether the defendant or the tortfeasor should be vicariously liable

Answer 6

1) The D is more likely to have the resources to compensate C
2) The tort was caused by activities done on the defendant’s behalf
3) The Tortfeasor is likely a part of the D’s business activities
4) The D created the risk of the tort by employing the primary tortfeasor
5) the D is likely to have some control over the tortfeasor.

Lord Reed said not all factors have to be present.

Question 7

What Is vicarious Liability?

Answer 7

Where a third person has legal responsibility for the unlawful actions of another.

Question 8

What is the tortfeasor referred to as?

Answer 8

‘Man of straw’

Question 9

What 2 criteria need to be established for the employer (defendant) to be vicariously liable?

Answer 9

1. The relationship between D and the tortfeasor.
2. The link between the commission of the tort and that relationship.
   >Barry congregation of Jehovah’s Witnesses v BXB

Question 10

What case confirms the 2 part test for establishing vicarious liability?

Answer 10

Barry Congregation of Jehovah’s Witnesses v BXB