vicarious

Question 1

what does vicarious liability do

Answer 1

place’s liability on the employer for the tortious acts or omissions of the employee known as TF

Question 2

viasystems v thermal transfer

Answer 2

there may be 2 defendants in some situations

Question 3

what must vicarious be proven with case

Answer 3

that c suffered loss or injury as a result of a tort or crime
Mohamed v morrisons

Question 4

does the TF need a relationship with the D

Answer 4

Yes

Question 5

barclays bank plc v vc

Answer 5

an independent contractor will not be considered an employee

Question 6

the multiple test case

Answer 6

ready mixed concrete v minister of pensions

Question 7

if independent contractors will the employee be liable

Answer 7

no

Question 8

express v echo publications v taunton

Answer 8

the multiple test considers the control the employee has over the TF

Question 9

carmichael v nation power

Answer 9

mutuality of obligations if D is obliged to pay tf and if tf is obliged to carry out the work

Question 10

what are the additional factors courts consider

Answer 10

pay premises and equipment

Question 11

what is the alternative to the multiple test

Answer 11

relationship akin to employment

Question 12

Christian brothers COX V MOJ

Answer 12

relationship akin to employment is sufficient when there isn’t a traditional relationship

Question 13

how can rate be established

Answer 13

the tort was committed as a result of TF role and that was apart the employers business

Question 14

for rate is should be established that

Answer 14

D has created risk using TF role and TF was under control of the D

Question 15

what must it be proven to determine the tort was committed within the course of employment

Answer 15

the tort was connected to the Tf carrying or their role

Question 16

what test is used to establish if the tort is an authorised wrongful act or if it’s an authorised act done in a wrong way
plus case where this was done

Answer 16

salmond test

Century insurance v NI Road transportation board

Question 17

if it is a authorised wrongful act or an authorised act done in the wrong way then it will be …

Answer 17

sufficient within the course of employment

Question 18

if not an authorised act it will be considered… with case

Answer 18

a frolic of their own
Hilton v Thomas Burton

Question 19

rose v plenty

Answer 19

not a frolic of own if it benefits the employer

Question 20

when is the salmond test nor sufficent

Answer 20

when the tf is in a role akin to employment

Question 21

what will be used when the salmond test isn’t

Answer 21

lister test from lister v leslie hall
as confirmed in Aluminium v Salaam and morrisons v vc

Question 22

what do courts look at lister test

Answer 22

whether the acts of the employee are so closely connected with the role that it’s fair and just to hold an employer liable