Vacarious liability

Question 1

What is Vicarious liability?

Answer 1

When a defendant has been negligent and the claimant sues the defendant and the defendant’s employer.

Question 2

What is the first part of the law of vicarious liability?

Answer 2

The defendant must be an employee.

Question 3

How do you tell if the def is an employee?

Answer 3

Either control test or Multiples test.

Question 4

What is the question asked in the control test?

Answer 4

“is the defendant’s work is controlled?”

Question 5

What are the elements in the multiples test in vicarious liability? This is to test if the def is an employee

Answer 5

1. Def is given tools + equipment or uniform or vehicle
2. They are on the PAYE system
3. They are obeying orders

Question 6

What counts as “being in the course of employment”

Answer 6

The def must be doing an authorized act. This is an act that benefits the employer.

Question 7

Why was the employer in Rose v plenty liable?

Answer 7

The def was still doing his job when he did the negligent act which was delivering milk.

Question 8

What is the alternative way to decide if in the course of employment?

Answer 8

Was the negligent act closely connected with their employment?

Question 9

How many points of law are there and what are they?

Answer 9

‘2’
1- Must be an employee and
2 - Authorised act