Vicarious Liability

Question 1

Define

Answer 1

Liability for social relations, most commonly employer/employee.

Question 2

What must be proved?

Answer 2

The person who committed tort was acting in the course of employment.

Question 3

Control test (1/3)

Answer 3

(Collins v Hertfordshire)
Courts decide whether a person is an independent contactor or an employee.

Question 4

The integral part of business test (2/3)

Answer 4

Was the person employed or akin to employment?
(Cox v MOJ)
A worker will be an employee if his work is fully integrated into the business. According to this test the master of a ship, a chauffeur and staff on a newspaper are all employees. On the other hand the pilot bringing the ship in, a taxi driver and freelance writer are not.

Question 5

The economic reality test

Answer 5

Courts will weigh up a number of factors to determine the relationship between the parties. Relevant factors might include:
1. The ownership of any tools
2. The methods of payment - a self employed person is likely to be paid for completing a job rather than receive regular payments
3. If tax, national insurance and pension contribution are deducted from an employees wage
4. Any job description
5. Any independence in doing the job

.

Question 6

Course of employment

Answer 6

Was D acting during the course of their employment or was D on a frolic of their own?

Question 7

Non-intentional tort

Answer 7

(Limbus v London General Omnibus)
Bus drivers racing - course of employment.
(Beard v London General Omnibus)
Bus conductor drove bus - frolic of own

Question 8

Close connection test

Answer 8

(Lister v Hesley Hall)
1. What function or field of activities have been entrusted by the employer to the employee.

2. Was there sufficient connection between the position in which the employee was employed and the wrongful conduct, to make it right for the employer to be held liable.