Vicarious Liability Flashcards
What is Vicarious Liability?
A tort that allows a claimant to an employer for the tort of their employee if the tort was committed within the course of employment
What are the 3 tests that can be used to determine who is an employee? 1 Case for Each
Control Test - Yewen v Noakes
Integration Test - Stevenson, Jordan and Harrisson Ltd v MacDonald and Evans
Multiple Test - Ready Mixed Concrete
What is the control test?
This test looks at who is in control of the individuals work, if it is not the individual they are likely an employee
What is the Integration Test?
How integral the individuals work is to the business, more integral = employee
What are the three parts of the multiple test?
1) Employee must provide work in return for wages
2) Employee agrees to work under the control of the employer
3) All other circumstances are consistent with the situation being a contract of employment
Which case confirms that a prisoner working in a prison is an employee of the MoJ?
Cox v MoJ
What types of act can an employer be liable for?
Wrongful acts that are authorised by the employer
Acts which are wrongful ways of doing something authorised by the employer
What is the difference between Joel v Morison and Storey v Ashton?
Joel - Employee had taken a detour whilst working - Employer Liable
Storey - Employee had gone to visit his Brother-in-Law - Employer not Liable
Was the Employer liable in Beard v London Omnibus Co?
No, it is not part of the conductors job to drive the bus
Was the employer liable in Lister v Hesley Hall?
Yes, there was a close connection between the job and the assaults as the assaults happened on the school property.
What type of Frolic is Lister v Hesley Hall an example of?
Authorised Act in an Unauthorised Manner
Were the employers liable in Hilton v Thomas Burton Ltd?
No, the trip to the café was not in the course of employment
Were the employers liable in Limpus v London General Omnibus Co?
Yes, racing whilst collecting passengers was an authorised act in an unauthorised manner
What does Warren v Henleys say about employers being liable for criminal acts
Employer not liable for battery as it was not within the course of employment
Who was liable in Morris v Martin?
The drycleaners because a member of their staff had stolen the coat
