Tort Law - Vicarious Liability

Concerned with the circumstances in which one party can be held liable for tort to another. Generally described as secondary liability. Operates so as to impose liability on employer.

Conditions must be satisfied: Employer must be vicariously liable for employees actions, thus contract is a pre-requisite for liability. (Only liable for acts committed in course of employment... obviously!)

Basics:

-Always involves 3 parties.

-Does not remove employee liability, but both employee and employer can be made liable.

-Origins explored in Scott v Davis

-Noted in Bazley v Curry that Vic Liab allows C to access greater funds than would otherwise recover just from employee. 

-3 indicia of employment set out in Ready Mixed Concrete Ltd v Minister (Payment, Agreement and No Inconsistency)

-Law permits employer to proceed against employee for 'indemnity'

1. Development and Justification for Vicarious Liability

• Reedie v The London and North Western Railway Company

'It is reasonable that he who made choice of an unskilled or careless person to execute his orders, should be responsible for an injury resulting from the want of skill of want of care of the person employed.'

• Viasystems Ltd v Thermal Transfer Ltd
  

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