Vicarious Liability

Question 1

what is vicarious liability? (strict liability tort)

Answer 1

Vicarious liability holds a person who didn’t commit the tort liable (usually employer) as the employer is responsible for the actions of their employees whilst carrying out work.

Question 2

justifications of vicarious liability

Answer 2

Some employers have a degree of control over employees
• Employers are responsible for hiring, firing, training and disciplining employees so its their responsibility
• Employers should supervise employees
• An employer is in a better position to pay compensation than an individual employee, this allows for more redress

Question 3

vicarious liability requirements

Answer 3

• Was the person who committed the tort an employee?
• Did the employee commit the tort ‘during the course of their
employment’?

Question 4

Barclays Bank plc v Various Claimants (test for employment)

Answer 4

facts: Dr. Bates, accused of sexual assault during medical reports for employees, was classified as an independent contractor.
held: Barclays wasn’t vicariously liable as Dr. Bates had the discretion to accept work and lacked an employment-like connection with Barclays.
For liability, a close connection between the act and the employee/employer relationship must be fair and just.
principle: No vicarious liability if the accused is an independent contractor without an employment-like relationship with the defendant.

Question 5

Catholic Child Welfare Society v Various Claimants (test for employment)

Answer 5

facts: Catholic Child Welfare Society was sued by individuals alleging historical sexual abuse by employees.
held: The Catholic Child Welfare Society was vicariously liable for the abuse committed by its employees.
principle: Vicarious liability applies when there is a close connection between the wrongful act and the employment relationship, making it fair and just to impose liability.

Question 6

5 Criteria

Answer 6

1. The employer is more likely to have the means to compensate the victim than the employee and can be expected to have insured against that liability.
2. The tort will have been committed as a result of activity being taken by the employee on behalf of the employer.
3. The activity was part of some business activity of the employer.
4. The employer had created the risk that the employee would commit the tort by engaging him.
5. The employee will have been under the control of the employer.

Question 7

WM Morrison Supermarkets plc v Various Claimants

Answer 7

Facts: Claimants sued Morrison’s for employee’s data leak.
Held: Morrison’s not liable as the act wasn’t closely linked to employment.
Principle: Vicarious liability doesn’t apply if employee’s act isn’t closely related to their job.

Question 8

Chell v Tarmac Cement and Lime Ltd.

Answer 8

Facts: Chell was injured by a flying stone while working for a subcontractor on Tarmac’s site.
Held: Tarmac wasn’t liable as it didn’t control the worksite.
Principle: Liability requires control over the premises or worksite where the injury occurred.

Question 9

Acting in the Course of Employment

Answer 9

• Vicarious liability is proved because employee was acting in the course of employment
• Vicarious liability is not proven because the employee was not acting in the course of employment

Question 10

NOT acting in course of employment

Answer 10

• Actingagainstorders
• Committing a criminal act
• Committing a negligent act
• Acting on a ‘frolic’ of their own

Question 11

Limpus v London General (acting against orders)

Answer 11

facts: The employer instructed bus drivers not to race but one did, causing an accident.
held: employer held liable as the driver was performing his job, despite not following instructions.

Question 12

Rose v Plenty (acting against orders)

Answer 12

Facts: Plenty’s employee caused injury with a defective machine.
Held: Plenty liable for machine-related injury.
Principle: Employers must ensure machinery safety for employees.

Question 13

Twine v Beans Express

Answer 13

Facts: Twine v. Beans Express - Employee injured due to workplace negligence.
Held: Beans Express liable for employee’s injury.
Principle: Employers accountable for ensuring workplace safety and can be liable for negligence causing employee harm.

Question 14

Beard v London General Omnibus Co

Answer 14

Facts: Beard v. London General Omnibus Co. - Passenger injured due to bus driver’s negligence.
Held: Bus company liable for passenger’s injury.
Principle: Employers responsible for employees’ actions while on the job.

Question 15

Lister v Hall (employee committing a criminal act)

Answer 15

employer may be liable for the criminal act of their employee if committed during the course of the job

Question 16

Lister v Hall (employee committing a criminal act)

Answer 16

Facts: the warden of a school for children with learning difficulties sexually assaulted some children.
Held: there was a close connection between his job and the crime as he committed this whilst on school premises

Question 17

N v Chief Constable of Merseyside Police (employee committing a criminal act)

Answer 17

Facts: N was sexually abused by a police officer.
Held: Chief Constable vicariously liable.
Principle: Employers can be held responsible for their employees’ actions, even outside of work hours.

Question 18

Century Insurance Co Ltd v Northern Ireland Road Transport Board (employee committing a negligent act)

Answer 18

Facts: Transport board’s vehicle caused an accident.
Held: Board liable for accident.
Principle: Vehicle owners accountable for accidents caused by their vehicles.

Question 19

Hilton v Thomas Burton (acting on a frolic)

Answer 19

Facts: Contractor’s negligence led to injury on employer’s premises.
Held: Employer liable for contractor’s negligence.
Principle: Employers responsible for contractor negligence on their premises.

Question 20

Smith v Stages (acting on a frolic)

Answer 20

Facts: an employee was injured due to a defective stage.
Held: Stages was held liable for the employee’s injury.
Principle: Employers are responsible for ensuring the safety of equipment used by employees.

Question 21

remedy for vicarious liability

Answer 21

compensation (employer would pay compensation to claimant in a successful claim)