Tort - Vicarious Liability Flashcards Preview

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Flashcards in Tort - Vicarious Liability Deck (29):
1

Reasons for vicarious liability

Employer in better position to compensate victim
Compulsory insurance
Employer exercises control over employees
Employer obtains benefit, should take burden
Encourages better training, supervision and control of employees

2

Elements of Vicarious liability

Tort committed by another
Employment relationship
In course of employment

3

Control test

Yewens v Noakes

4

Organisation test

Stevenson v MacDonald

5

Economic reality test

Ready Mixed Concrete - remuneration, control, provisions of contract

6

Warner Holidays

control, provision of tools, salary, tax, sick pay, control over hours, right to do other work (Argent), mutuality of obligations (O'Kelly)

7

Massey

Description of relationship is evidential, not conclusive

8

Generally employer remains liable for employee lent to another

Mersey Docks

9

Possible for both employers to be vicariously liable for the same employee if both entitled and obliged to control the employee's actions

Viasystems

10

Course of Employment

Winfield:
- expressly or impliedly authorised
- unauthorised manner of doing something authorised
- necessarily incidental to work employee is employed to do

11

bus driver racing = in course of employment

Limpus v London General Omnibus

12

train porter pulled passenger off train = in course of employment

Bayley v Manchester Railway

13

Frolic of his own

Joel v Morrison

14

bus conductor drove bus - frolic

Beard v London General Omnibus

15

Bouncer hit plaintiff twice - once inside club (vicariously liable) and once outside club (not vicariously liable)

Daniel v Whetstone

16

conductor hit passenger - frolic

Keppel Bus v Saab Bin Ahmed

17

express prohibition of hitch-hiker - frolic

Twine v Bean

18

express prohibition of giving lifts - frolic

Conway v George Wimpey

19

express prohibition of driving others - not a frolic as done for benefit of business

Rose v Plenty

20

Detour to visit relative = frolic

Storey v Ashton

21

In office hours, paid travel expenses - in course of employment

Smith v Stages

22

presumption that criminal activity is outside the course of employment (rebuttable)

Warren v Henley

23

PO not liable for postman writing race hate on letters

Irving v Post Office

24

Tort was the culminating event of an incident which started in the course of employment

Mattis v Pollock

25


Look at relative closeness of connection between the tort and the nature of employment

Lister v Hesley Hall

26

Church not vicariously liable as no connection between tort and employment

MAGA v Birmingham Archdiocese

27

Independent Contracts generally responsible for their own actions

Rowe v Herman

28

Vicarious liability where defendant authorises torts of a contractor

Ellis v Sheffield Gas

29

Vicarious liability where defendant is negligent in hiring contractor/giving instructions etc

Pinn v Rew