Nature and Purpose of Vicarious Liability Flashcards
(17 cards)
What are employers vicariously liable for?
the torts of their employees that are committed during the course of employment:
Employers are more likely to…
be able to compensate victims, also more likely to be insured
The employee committed the tort…
on behalf of the employer
Employees activity more likely to be…
part of the business activity of the employer
The employer created…
the risk of the tort committed by the employer
Employee under control of…
the employer
Vicarious Liability
A third person has legal responsibility for unlawful actions of another.
There are 3 Questions to establish liability:
1) Was a tort committed?
2) Was the tortfeasor an employee?
3) Was the employee acting in course of employment when tort was committed.
An employer can be liable for the torts of their employees following Cox v Ministry of Justice:
Harm is wrongfully done by an individual.
Who carries on the activities as an integral part of the business activities carried on by D and for its own benefit.
Where a wrongful act is a risk created from D assigning his duties to another.
Case: Cox v Ministry of Justice
C was a catering manager at a prison.
Injured when a prisoner tripped her over in the kitchen.
Held: D (ministry of justice) was vicariously liable as prisoners are akin to employment when carrying out duties.
Employers are only liable for…
torts of their employees, not for independent contractors.
Employers are usually liable for…
Wrongful acts actually authorised by employer.
Acts which are wrongful ways of doing something authorised by employer, even if acts were expressly forbidden.
Closed Connection Test
1) What function or field of activities have been entrusted by employer to employee.
2) Was there sufficient connection between position in which the employee was employed and the wrongful conduct, to make it right for the employer to be held liable.
Case: Mohamud v WM Morrison Supermarket Plc
C assaulted by a member of staff in the parking lot.
Held: Acting in the course of employment, does not matter if motivated by racism rather than a desire to benefit his employer’s business.
Deduction of Wages:
Civil Liability Act 1978
Employer can recover compensation paid out from employee.
If employee commits tort during employment, employer will be liable to pay compensation to injured person.
Vicarious Liability and Fault
If person who commits tort is employed and acting in course of employment, employer held liable without further proof.
Employer is at fault if:
1) Employer chosen employee who is liable to commit tort at work.
2) Inadequate training for job.
3) Employer should’ve supervised more effectively.
