Vicarious Liability

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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
      • 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
    • 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

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