vicarious liability
- Created by: natalia ailoaie
- Created on: 15-02-23 23:28
View mindmap
- vicarious liability- when a person or organisation is legally responsible for a tort they did not commit due to their relationship with the tortfeasor
- stage 1: is the relationship (akin to) employer and employee?
- economic test
- ready mixed concrete v min of pensions- all other contract terms are consistent with the worker being regarded as an employee
- mersey docks and harbour board- lending an employee-presumption that the permanent employer will remain liable unless the contrary can be proven
- Hawley v luminar leisure ltd- when the employer that landed the employees trains and exercises control over the employees, the new employer will now be liable
- non traditional workers
- Barclays Bank v various- independent workers are Classe as people working alone and getting paid directly from the customer
- cox v M of J- 1. harm is done by an individual who carries out activities for the defendants business 2. the risk of harm was created by the defendant giving the individual those activities
- economic test
- stage 2: -wrongful act was authorised by employer or wrongful act was unauthorised but the act was so closely connected to the work authorised by the employer
- Morrisons v various- what was t allowed to do and what he did, if these things are close connected then it is fair to say it was done during the ordinary course of employment
- criminal example- Mohamud v Morrisons. 1. whether the intentional act took place at work 2.intentional act happened during work time. 3. intentional act was part of what t was employed to do or personal reasons
- N v CC of merseyside- outside working hours and doing something for personal benefit is considered outside ordinary course of employment
- twine v beans express- if the employee is on a 'frolic of its own' then the employer would not be vicariously liable
- rose v plenty- if the employer benefits from the work of the employees that is not authorised then d is still liable
- stage 1: is the relationship (akin to) employer and employee?
Comments
No comments have yet been made