LAW P2 TORT (VL)

Question 1

What does VL deal with?

Answer 1

VL deals with the situation in which an individual acts on behalf of another.

Question 2

What is the primary situation where VL occurs?

Answer 2

The primary situation in which this occurs is when someone acts on behalf of their employer

Question 3

What are the 3 points that must be proven for VL?

Answer 3

• There must be a relationship of employment between the tortfeasor and an employer
• Must be a tortious act committed by the employee
• The tortious act must occur during the course of employment

Question 4

What are the cases for the 3 points of VL?

Answer 4

1st point:
- Cox v Ministry of justice, If the person carries on activities as part of the employer’s business liability can arise

2nd point:
- Lister v Hesley Hall ltd, in order for VL to apply, there must be a tortious act committed by the employee

3rd point:
- Rose v Plenty, employer was held vicariously liable because the boy was helping with the milkman’s duties which is within the course of employment

• Morrison supermarkets v various claimants, personal motive meant the close connection test was not satisfied

Question 5

What are the actions that fall within the course of employment?

Answer 5

• Authorised acts – where an employee is undertaking a task that they have been expressly or impliedly authorised to do with their employment responsibilies and they commit an act attracting tortious liability
• Authorised acts done in a way which is prohibited or negligent – where an employee carries out an act that they are forbidden to do, or undertakes an act negligently, but does so in the course of executing their contractual duties, an employer may still be VL.

Question 6

What are examples of actions not regarded as course of employment?

Answer 6

• Actions falling outside the scope of employment – if an employee undertakes an act that is unauthorised and outside of an employee’s contractual duties, it will not form VL
• Acts undertaken outside of the employment remit – employer not liable

Question 7

What are the 3 tests for employment status?

Answer 7

• The control test
• The integration test
• The economic reality test

Question 8

What is the control test?

Answer 8

The control test: this involved asking whom, exactly, is in control of the individual’s work.

Employees tend to have the nature of their task dictated specifically by their employer, whilst independent contractors tend to have more personal control.

Question 9

What case established the control test?

Answer 9

The source of the control test can be found in Yewen v Noakes

Question 10

What is the case for the control test?

Answer 10

• Mersey docks and harbour board v Coggins and Griffiths ltd, where a worker is hired out to another employer the original employer will normally remain vicariously liable

Question 11

What is the integration test?

Answer 11

The integration test: distinguishes between people who sign ‘contracts of serivce’ and those who ‘contract to provide services’.

Employees tend to do work which is integral to the business’s operations, whilst independent contractors tend to do work which is ancillary to the main functions of the business

Question 12

What is the case for the integration test?

Answer 12

Stevenson, Jordan & Harrison ltd v MacDonald & evans, a person if more likely to be considered an employee if their work is integrated into the business

Question 13

What is the economic reality test?

Answer 13

The economic reality test: sometimes referred to as the multiple test.

It involves examining the characteristics of the subjects work arrangements against a checklist of signs of conventional employment.

Question 14

What case established the economic reality test?

Answer 14

The test appears in Ready Mixed Concrete ltd v minister of pensions where it was said that there are 3 criteria which must be met before employee status can be granted

Question 15

What are the 3 points that must be met for the economic reality test?

Answer 15

1. the individual must provide work or skill for the employer in return for payment or other remuneration
2. the individual must have agreed that they will work under the control of the employer
3. the other circumstances of the individuals working arrangements must be consistent with those of an employee. (Particular characteristics to look out for include: working hours being fixed, payment being regular, tax being taken from the employer, equipment provided by their employer, limited independence)

Question 16

What is the case for the economic reality test?

Answer 16

Ready Mixed Concrete ltd v minister of pensions, a person will be considered an employee if they satisfy the three conditions

Question 17

What is the close connection test?

Answer 17

the close connection test examines the closeness of the connection between the work the employee was employed to and the tortious act

Question 18

What are the 2 questions asked in the close connection test?

Answer 18

1) what function or field of activities have been entrusted by the employer to the employee (what was the nature of the job)

2) was there a sufficient connection between the position in which the employee was employed and the wrongful conduct, to make it right for the employer to be held liable

Question 19

What is the case for the close connection test?

Answer 19

Mohamud v WM Morrison supermarkets plc, an employer could be vicariously liable where the employees tortious act was closely connected to the duties they were employed to perform