Vicarious Liability

  • Created by: lulu_kate
  • Created on: 24-03-19 14:54
View mindmap
  • Vicarious liability (VL)
    • 3 Tests to establish if a person is an employee
      • Economic Reality Test
        • Ready Mixed Concrete (South east) Ltd v Minister of Pensions and National Insurance (1967) High Court held that a contract of service exists if:
          • You agree for the employer to "control" your work
          • You are being paid by the employer for the skill/service you do
          • Other provisions of the contract are consistent with it being a contract of service
            • Working Hours
            • Method of payment
            • Relative responsibility for providing equipment
      • Control Test
        • Established in Yewen v Noakes (1880)
        • Considers whether the employer has the power to control the nature of work done and how it is done
          • An old test that uses the concept of the master-servant relationship.
      • Organisation Test
        • Test relies on a distinction between a contract of service and a contract for service
          • FOR SERVICE: You carry out jobs but NOT because you work for the company
            • E.g- A Sub-contractor
          • OF SERVICE: You carry out jobs because you work for the company
        • Stevenson, Jordon & Harrison Ltd v MacDonald & Evans (1952)
    • A Frolic Of His Own
      • An employer is not liable for the torts committed by an employee who is on a frolic of his own.
      • Storey v Ashton (1869)
        • Two employees ran over C on a frolic. D was not liable for his employees
    • Authorised Act
      • An employer is vicariously liable for the torts of his employee if the employee is doing an act authorised by the employer in the authorised manner
      • GENERAL RULE
        • An employer is VL for an authorised act done in an unauthorised manner.
        • Employer isn't responsible if the employee is acting beyond the scope of his employment
      • Century Insurance v Northern Ireland Transport Board (1942)
        • Employer was held liable as employee was doing an authorised act, even though it was done in an unauthorised manner
      • Iqbal v London Transport Executive (1973)
        • Employer was not VL as employee was acting beyond the scope of his employment
    • An Unlawful Act Of An Employee
      • An employer will only be held to be VL for the unlawful acts of his/her employee if there is a closeness of connection between the employment and the unlawful act
      • Lister and Others v Helsey Hall Ltd (2002)
        • The HoL held that owner of the school was VL of sexual abuse by one of the wardens due to closeness of connection
      • Gravil v Carroll & Redruth Rugby Club (2008)
        • D punched C during rugby match causing fracture. CoA held that rugby club was VL
    • Liability for torts of independent contractors
      • A person or company may in some circumstances be held liable for the torts committed by an independent contractor to visitors or non visitors

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Law of Tort resources »