Vicarious liability

Question 1

What is vicarious liability?

Answer 1

It involves employers being held responsible for the actions of their employees whilst at work.

Question 2

What are the 5 reasons why vicarious liability exists? (Christian Brothers)

Answer 2

1)Financial capability
2)Committed within the course of the employment.
3)The activity is likely to be for the benefit of the employer.
4)The employment created the risk by employing the person in the first place
5)The employee is under the control of the employer to some extent.

Question 3

Who are the 3 parties in a vicarious liability case?

Answer 3

1)Claimant
2)Defendant
3)Tortfeasor

Question 4

Requirement 1: Is it an unintentional tort or a crime?

Answer 4

Unintentional tort = Negligence
Crime - Assault

Question 5

Requirement 2: Unintentional tort

Answer 5

Salmond test
1)Tortfeasor is an employee
- Control test (Yewen) Does D have control over tortfeasor actions.
- Integration test - How integrated is D into the business - Contract of/for services.
- Economic reality test - ready mixed concrete - Wages, sick pay, holiday
2)In the course of employment
- Includes: Authorised acts (Poland), unauthorised act in an unauthorised/careless way (Limpus), acts which benefit the employer (Rose).
- Does not include: Being on a frolic of their own (Hilton), Not in the scope of employment (Beard), No benefit to the employer (Twine), Going against specific orders (Iqbal)

Question 6

Requirement 3: Criminal acts

Answer 6

Lister test:
1. Akin to employment (Cox v Moj - Similar to employment) (Barclays - No liability for truly independant contractors)
(Lister - what field of activities given from D to TF was there a close connection between that and the crime - did it give the TF the opportunity to commit the crime)
2. Close connection test (Christian bros)
- Employer more likely to have money to compensate
- tort committed in the course of employment
- D created the risk by employing them
- The tortfeasor, to some extent, was under the defendant’s control.
- Benefit to the defendant

Question 7

What are the 2 remedies for vicarious liability?

Answer 7

Injunctions
Damages

Question 8

What are the 2 types of damages?

Answer 8

Special damages
General damages

Question 9

What are pecuniary losses?

Answer 9

Special damages - Things that can easily be attached to a monetary value. Such as car hire, medical costs etc..

Question 10

What are non-pecuniary losses?

Answer 10

General damages - Things that aren’t easily attached to a monetary value. Such as pain and suffering, loss of future earnings or loss of amenity.

Question 11

What 4 things class as pecuniary losses?

Answer 11

1. Cost of repairing/replacing damaged property.
2. Cost of medical expenses already incurred.
3. Loss of earnings for a specific period of time.
4. Reimbursement for expenses incurred.

Question 12

what 4 things class as non-pecuniary losses?

Answer 12

1. Pain and suffering
2. Possible future expenses
3. Loss of future earnings
   4.loss of amenity (enjoyment of hobbies)