Vicarious Liability {This is not a tort, its an add on to see if the employer should take responsibility.}

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  • Created by: Owais360
  • Created on: 15-04-14 14:17
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  • Vicarious Liability {This is not a tort, its an add on to see if the employer should take responsibility.}
    • Tortfeaser has commited an earlier tort
    • Tortfeaser is an employee
      • Economic reality test
        • Servant provides services for some remuneration from Master
        • Master has sufficient control over servant
        • All other terms of contract suggest contract of service- e.g tools, method of payment, tax, NI
    • Tort feaser commited tort in the course of employment
      • How it is done is irrelevant
        • Forbidden manner, Negligent Manner, Unauthorised lifts (if to D's benefit)
    • Tortfeaser commited outside the course of employment
      • Unauthorised act
        • Act is expressly forbidden
        • Tortfeaser on a frolic of his own

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