vicarious liability

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  • 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
    • 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

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