Vicarious Laibility

Question 1

It is not a tort which a claim be made why

Answer 1

such as with negligence but rather a legal method of imposing liability for a tort onto usually employers who have not committed the tortious act themselves

Question 2

Where does vicarious liability applies

Answer 2

the employers will be liable to pay compensation even if they did not directly cause the accident and were not to blame themselves.

Question 3

What does the burden of proof shift to

Answer 3

the burden shifts from one person to another
person who committed the tort to the person —-> person who has pay compensation

Question 4

Why does the employer become liable

Answer 4

liable for as they have money more than the employee

Question 5

What are the 4 justifications for imposing liability

Answer 5

Control
Discipline
Training
Compensation

Question 6

What is control when justifying imposed liability

Answer 6

employers may have control over their employees and employees may be following their instructions when the tort happened. As a result, the employer should be responsible.

Question 7

What is discipline when justifying imposed liability

Answer 7

employers are liable for hiring and disciplining their staff. They should be careful when hiring staff. Ultimately, employers can dismiss employees who will not follow correct procedures

Question 8

What is training when justifying imposed liability

Answer 8

employers are responsible for training their employees to ensure they follow correct procedures and work safely.

Question 9

What is compensation when justifying imposed liability

Answer 9

person injured as a result of a tort will want to claim compensation. Employers are in a better position to pay this compensation than employees. They will also have public liability to cover claims

Question 10

What is the first part of the Salmond test

Answer 10

The tortfeasor commits an unintentional tort

Question 11

What is the second part of the Salmond test

Answer 11

The person who committed the tort during his course of employment

Question 12

What is the third part if the Salmond test

Answer 12

The employee committed the tort during his course of employment

Question 13

What is first main page of imposing vicarious liability on employers

Answer 13

Person alleged to have committed the tort is, the facts, an employee

Question 14

What is second main page of imposing vicarious liability on employers

Answer 14

it must be shown that the employee committed the alleged tort ‘ during the course of employment’

Question 15

The main requirements must be what for applying VL

Answer 15

Must be satisfied in order for that

Question 16

What cases link to the ‘control’ test

Answer 16

Yeowans v Noakes 1880
Hawley v Luminar leisure 2006

Question 17

Whats happen in Yeowans v Noakes 1880

Answer 17

does the ‘master’ have the right to exercise control over the ‘servant’

Question 18

What happen in Hawley v luminar leisure 2006

Answer 18

bouncer supplied to night club by another firm
bouncer assaulted a customer outsider the night club
Club found to be ‘in control’ oof what bouncer did and was therefore an employer

Question 19

What did lord denning say about the integration test

Answer 19

‘a worker will be a employee if his work is fully integrated into the business rather than being an accessory to it’

Question 20

Case link to integration test

Answer 20

stevenson Jordan & Harrison v McDonald & Ewan 1952

Question 21

Held for stevenson Jordan & Harrison v McDonald & Ewan 1952

Answer 21

held that the engineer was the author of the work, but that specific material that he acquired whilst he was an employee fell within the Copyright Act 1911 and should be excluded from the publication.

Question 22

What is the economic reality test

Answer 22

considers economic factors that would indicate a contract of employment

Question 23

Case link for economic reality test

Answer 23

ready mixed concrete v minister of pensions

Question 24

What happen in ready mixed concrete v minister of pensions

Answer 24

The employee agrees to provide work in return for a wage. Employee accepts that the work will be subject to the control of the employer.

Question 25

Case link to recent development in law

Answer 25

JGE v Trustees of the Portsmouth Roman Catholic diocesan trust 2012

Question 26

Held for JGE v Trustees of the Portsmouth Roman Catholic diocesan trust 2012

Answer 26

The relationship was sufficiently akin to that employment and the abuse took during the course if his catholic duties.

Question 27

Held for Cox v Ministry of justice 2016

Answer 27

Employment need not be commercial so long as the accused has worked under the control of the organisation to the furtherance of its interests.

Question 28

How can the employer be liable if an employee commits a crime doing their work

Answer 28

employer may be liable to the victim if there is a close connection between the crime and what the employee was employed to do.

Question 29

Held for lister v Hensley hall 2001

Answer 29

vicarious liability may be imposed for illegal acts if they are so closely connected with the employee’s job as to make it fair to impose vicarious liability

Question 30

What was the legal point for Mohamed v Morrisons supermarket 2016

Answer 30

The appeal was allowed “the close connection test that is firmly rooted in justice. It asks whether the employee’s tort is so closely connected with his employment as to make it just to hold the employer liable”

Question 31

Why can more than one employer be liable VL

Answer 31

Who was entitled and obligated to control the tortfeasors acts- may lead to two employers

Question 32

Case link to more than one employer can be liable for VL

Answer 32

viasystems v thermal transfer Ltd 2005

Question 33

Held for viasystems v thermal transfer Ltd 2005

Answer 33

They both carried out the same work, thus D3’s labourer was also working for D2. meaning both D2 &D3 were liable- 50/50 damages

Question 34

Case link to negligence act

Answer 34

Century insurance v NI road transport board 1942

Question 35

What happen to century insurance v NI road transport board 1942

Answer 35

E lit a cigarette and thre it on the ground which caused an explosion several cars were destroyed and nearby houses were damaged held: employer liable

Question 36

If a tortfeasor goes about their job but in such a way that is contrary to the orders of their employer who is liable?

Answer 36

The employer may be still liable, so long as the tortfeasor is undertaking his course of employment. ‘If the prohibition can be regarded as applying to the way in which the job is done

Question 37

Case link to acting in an unauthorised manner- but doing what employer for

Answer 37

Limbus v London general omnibus Co. 1862

Question 38

Held for limps v London general omnibus Co. 1862

Answer 38

The employer was liable for the ensuing accident dispute written instructions to the driver. The driver was doing what he was employed to do- even against orders

Question 39

What is meant by Employees acting outside the course of their employment.

Answer 39

Where an employee acts outside of the terms of their employment then the employer will not be held liable

Question 40

Case link to Employees acting outside the course of their employment.

Answer 40

beard v London general omnibus Co 1990

Question 41

Held for beard v London general omnibus Co 1990

Answer 41

Employer NOT liable as the worker was acting outside the course of his employment

Question 42

What happen if an employees commits criminal act - will the employer be liable

Answer 42

then the employer may be liable to the victim if there is a close connection between the crime and what them employee was employed to do

Question 43

Case link to employees committing criminal act

Answer 43

Mohamud v Morrisons supermarkets 2016

Question 44

What happen in mohamud v Morrisons supermarkets 2016

Answer 44

employees tort is so closely connected with his employment as to make it just to hold the employer liable

Question 45

Facts to various claimants v Barclays Bank plc 2017

Answer 45

Claimants were seeking damage against Barclays bank. They had been abused by the medical practitioner who was conducting medicals prior to their appointment as employees of the bank. The doctor died in 2009, and therefore any claim against him personally was too late

Question 46

Held for various claimants v Barclays Bank plc 2017

Answer 46

The claimants alleged that barclays bank was vicariously liable for the acts committed by the doctor

Question 47

What is the first part of Whether or no vicarious liability existed in a particular case

Answer 47

Is the relevant relationship one of employment “akin to employment”

Question 48

What is the second stage for Whether or no vicarious liability existed in a particular case

Answer 48

if so, was the tort sufficiently closely connected with that employment

Question 49

What is the first criteria for the first stage to be satisfied

Answer 49

The defendant is more likely to have the means to compensate the victim than the tortfeasor

Question 50

What is the second criteria for the first stage to be satisfied

Answer 50

Committed as a result of activity being taken by the employee on behalf of the employer

Question 51

What is the third criteria for the first stage to be satisfied

Answer 51

The tortfeasor’s activity is likely to be a part of the business activity of the defendant.

Question 52

What is the fourth criteria for the first stage to be satisfied

Answer 52

The employer, by employing the employee to carry out the activity, will have created the risk of the tort committed by the employee.

Question 53

What is the fifth criteria for the first stage to be satisfied

Answer 53

The employee will, to a greater or lesser degree, have been under the control of the employer.

Question 54

What court found about second stage of Whether or no vicarious liability existed in a particular case

Answer 54

found that the alleged sexual abuse was inextricably interwoven with the carrying by the doctor of his duties pursuant to his engagement by the bank.

Question 55

What was held for Morrisons supermarket v various claimants 2020

Answer 55

Supreme Court held that the employers were not responsible for his actions as they were outside the scope of his employment. Sending the data was not something he was authorised to do.

Question 56

What is meant by employees acting on a ‘frolic’ on their own

Answer 56

where an employee commits an act at a time or place not connected with his employment.

Question 57

Case link to employees acting on a ‘frolic’ of their own

Answer 57

Hilton v Thomas burton 1961

Question 58

Held for Hilton v Thomas burton 1961

Answer 58

Employer was NOT liable. Workers on a ‘frolic of their own’. Not course of employment

Question 59

Held for smith v stages 1989

Answer 59

Employer WAS liable. Employee was being paid for travel as a part of his work. Not frolic on their own

Question 60

What meant by recovering money from employees

Answer 60

One way in which the perceived injustice of holding employees accountable for the negligent & criminal acts of their employees is recovering damages paid from them.

Question 61

Employer may use what when recovering money from employees

Answer 61

use the civil liability (contribution) act 1978 to recover any compensation paid back from the employee by deducting it from wages.

Question 62

Does liability apply to independent contractors

Answer 62

No as they don’t have employer

Question 63

Self employed workers should have what

Answer 63

Have public liability insurance

Question 64

What was held for Barclays Bank v various claimants 2020

Answer 64

court held that barclays were not liable for the acts of the doctor who assaulted patients. The 5 policy reasons are not the only thing to take into account.

Question 65

Was the bank liable

Answer 65

The doctor was an independent contractor and bank not liable for his action However, where the contractor is carrying out their own business there is no need to look at the 5 factors.