Vicarious Liability
- Created by: alexstrapps
- Created on: 14-05-19 13:51
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- Vicarious liability
- 2 conditions must be satisfied for employer to be responsible for torts of an employee
- 1; tort must be committed by the employee
- control test
- if one person can tell another what to do and how to do it they are an employee
- Cassidy v ministry of health 1951
- Mersey Docks v Coggins 1947
- viasystems v thermal transfer 2006
- multiple test
- ready mix concrete v minister of pensions 1968
- 1; person agrees to provide work in return for payment
- 2; person agrees to be under employer's control
- updated with factors to consider
- if wage being paid, tax, national insurance
- who provides tools/ equipment
- if worker has to obey orders
- who has control over how work is done
- acceptance of business risk
- power to hire or fire assistants
- Ferguson v Dawson 1976
- ready mix concrete v minister of pensions 1968
- control test
- 2; must be done in the course of employment
- i; authorised act in unauthorised way
- if employee doing an act employed to do, employer is liable
- even if in an expressly prohibited way
- Limpus v London Omnibus 1862
- Rose v Plenty 1976
- Vasey v Surrey Free Inns 1995
- ii; authorised act negligently
- Century Insurance v Northern Ireland road transport board 1942
- iii; travelling to and from work
- usually not in course of employement unless employee is being paid to travel
- Smith v Stages 1989
- iv; employee on a frolic of their own
- doing something for their own benefit only, so employer not responsible
- Storey v Ashton 1869
- Twine v Beans express 1946
- v; employee outside scope of employment
- Heasemans v Clarity Cleaning 1987
- Iqbal v London Transport 1973
- employee doing activities with no relevence to employment, so employer not liable
- i; authorised act in unauthorised way
- 1; tort must be committed by the employee
- other areas of vicarious liability
- parent - child
- biship of church for sexual abuse carried out by priest
- E v English province of Our Lady of Charity 2012
- employer when employee assaulted a customer
- Mohamud v WM Morrison Supermarkets 2016
- prison service where prisoner negligently injured catering manager
- Cox v Ministry of Justice 2016
- Council for abuse carried out by foster carers they approved
- Armes v Nottingham council 2017
- 2 conditions must be satisfied for employer to be responsible for torts of an employee
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