3) Vicarious Liability

Question 1

What is vicarious liability

Answer 1

Liability of one person for the torts of another

Question 2

Why is vicarious liability good

Answer 2

• employers pay insurance
• drives higher standard of care

Question 3

What elements need to be proven for VL

Answer 3

1) Must prove defendant is an employee
2) Committed during course of employed
3) Unlawful Act

Question 4

How do be prove someone is an employee

Answer 4

1) Control test (established master servant relationship) - Yewen v Noakes
2) Organisation test (contract of service, or contract for service)
3) Economic reality test (who is responsible for subtracting taxes - who provides equipment etc)

Question 5

When is the employer responsible for the employee

Answer 5

Where a tort is committed during the course of employment, within the scope of employment

Question 6

What is a frolic of his own + case

Answer 6

Where the employee does something unrelated to work, on his own count
- Storey v Ashton

Question 7

What is an authorised act in an unauthorised manner

Answer 7

Generally employer is responsible, unless employee acts outside of scope of employment
- Century Insurance v Northern Ireland
- Iqbal v London Transport

Question 8

Where will an employer be held liable for the actions of an employee

Answer 8

Only held liable where this is a clones of connection between act and employment
Catholic child welfare society v Institute of brothers