Vicarious Liability Structure

Question 1

Introduction

Answer 1

D may be vicariously liable for their injuries to C due to X’s actions
Briefly refer to justifications for the law on vicarious liability

Question 2

First Paragraph

Answer 2

It must be proven that the person who committed the tort is an employee and not an independent contractor
historical tests - control and integration test
(apply to scenario)

Question 3

In the first paragraph what is the three part economic reality test?

Answer 3

• this was established in Ready Mixed Concrete
  1. Employee agrees to provide work or skill in return for a wage
  2. The employee expressly or implied accepts that the work will be subject to the control of the employer
  3. all other factors are consistent with there being a contract of employment such as tax, tools and uniform.
  (apply all three to the scenario)

Question 4

Conclude for the first paragraph.

Answer 4

• Potentially an employee or independent contractor.

Question 5

Second paragraph introduction

Answer 5

-must be proven that the tort is committed by the employee in the course of their employment - this has been interpreted broadly by the courts - has an inconsistent approach AO3.

Question 6

Points in the second paragraph.

Answer 6

1.Acting against order - refer to Limpus
2. Employee committing a negligent act - Century Insurance
3.Close connection test - refer to Lister and how it is confirmed in Mohammud v Morrison’s supermarkets.
Lister case - too wide
4. Employee acting on a frolic of his own - Beard v London General Omnibus.
(Apply all to the scenario)

Question 7

Overall conclusion

Answer 7

Will d be held vicariously liable for X’s actions and therefor damages could be awarded to C?