Vicarious liability

  • Created by: ElleW88
  • Created on: 11-12-19 20:15
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  • Vicarious Liability
    • A commits the tort against B, but because A's relationship with C and the Circumstances in which the tort is committed, C is also liable i.e. Jointly with A
      • Personal liability in cases of non-delegable duties: A does certain acts towards B which puts X in breach of C's own duty to B. Regardless of whether A has committed a tort. A's acts mean that C has committed a tort against B.
        • Young v Edward Box & co 1951
        • Duncan v Finlater 1839
        • Dubai Aluminium v Salaam
    • Is the tortfeasor an employee?
      • The Control Test
        • The contract of service and the contract of services
          • Performing Rights Society v Mitchell & Booker 1924
          • Collins v Herfordshire C.C. 1947
        • Characteristics of the contract of service
          • Short v Henderson 1946
          • Power of selection
          • Payment of wages
          • Control of method of doing the work
          • Right of suspension or dismissal
        • Integration
          • Stevenson, Jordan and Harrison v Macdonald
      • The Pragmatic Approach
        • Ready mixed Concrete Ltd v Min. of Pensions 1968
        • Lane v Shire Roofing 1995
      • Mor than one employer
        • Mersey Docks and Harbour Board v Coggins & Griffith
    • Is he acting in the course of his employment
      • Definition
        • A wrongful act authorised by the employer; or a wrongful and unauthorised mode of doing some act authorised be the employer
      • Detours
        • Storey v Ashton 1869
      • Carelessness
        • Century Insurance v N.I.R.T.B 1942
      • Mistakes
        • Bayley v Manchester etc. Railway 1873
      • Outside the course of employment
        • Beard v London General Omnibus Co 1900
      • Acts reasonably Incidental
        • Kay v I.T.W 1966
          • Poland v Parr 1927
      • Express Prohibitation
        • Rose v Plenty 1976
      • Criminal Acts
        • Lister v Hesley Hall 2002
          • Maga v Birmingham Roman Catholic Archiocese Trustees 2010
      • Employer's Indemnity
        • Lister v Romford Ice &Cold Storage Ltd 1957


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