Vicarious Liability

  • Created by: Rebecca
  • Created on: 09-05-13 14:49
What is the definition of vicarious liability?
One party (usually an employer) is fixed with liability for the torts (and sometimes the crimes) of another party (usually an employee).
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What are the requirments for imposing vicarious liability?
Tortfeasor must be an employee, a tort must have been committed and the tort must have occured within the course of employment (doesn’t cover acts outside of employment e.g. a frolic)
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What are the basic tests for establishing if the tortfeasor is an employee?
Control test Mersey Docks, Integration test Stevenson Jordan and the Economic reality (multiple) test Ready Mixed Concrete
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List some circumstances that are not generally considered to be within the course of employment.
Activities not within the scope of employment Beard, a ‘frolic on his own’ Thomas Burton, giving unauthorised lifts Twine v Bean and crimes generally.
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When can an employer be held liable for employees acts?
An act of dishonesty Grace v Lloyd Smith or more recently, where the act is closely connected with the nature of employment Trotman, Lister followed in Mattis, within the authorised scope of employment Grace v Lloyd Smith, have a close enough connect
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Name a case involving loaned cars.
Morgans v Launchbury
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Card 2

Front

What are the requirments for imposing vicarious liability?

Back

Tortfeasor must be an employee, a tort must have been committed and the tort must have occured within the course of employment (doesn’t cover acts outside of employment e.g. a frolic)

Card 3

Front

What are the basic tests for establishing if the tortfeasor is an employee?

Back

Preview of the front of card 3

Card 4

Front

List some circumstances that are not generally considered to be within the course of employment.

Back

Preview of the front of card 4

Card 5

Front

When can an employer be held liable for employees acts?

Back

Preview of the front of card 5
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