Vicarious Liability Flashcards
1) Introduction
The employer may be vicariously liable for D’s tortious act if it can be proved D is an employee in the course of employment.
2) Ready Mixed Concrete
The economic reality test is used to see if a person is employed or an independent contractor, established in Ready Mixed Concrete.
First, the employee agrees to provide work in return for a wage.
Next, the employee accepts the work is subject to the employers control.
Who pays tax and national insurance?
3) Statement
Assuming D is an employee, it must be decided if they were acting in the course of their employment at the time of negligence.
4) Limpus
Employers are liable for work that is authorised but carried out in an unauthorised way. In Limpus, the driver was doing what he was authorised to do, drive the bus, but in an expressly unauthorised way, so the employer was liable.
5) Beard
Employers are not liable if the employee is acting completely outside of their employment - on a frolic. In Beard, the employers were not liable as the conductor wasn’t carrying out his own work and he wasn’t authorised to drive the buses.
6) Century Insurance
The employer is also liable if the employee carries out their job but in a negligent way. In Century Insurance the driver was acting in the course of employment as part of his job was to wait while the petrol was being transferred.
7) Smith
Journeys where the employee is being paid may be within the course of employment. In Smith, the employee was acting within the course of employment as he had been paid wages to cover the journey time.
8) Storey
Taking a detour for your own benefit may be outside the course of employment. In Storey, the employer wasn’t vicariously liable as the driver wasn’t on the employers business at the time and was on a frolic of his own.
9) Lister
If there was a close connection between what the employee did and what they were employed to do such that it would be fair and just to hold the employer liable, then the employer will be liable (Lister). In Morrisons there was a sufficient connection between the employees position and the conduct to hold the employer liable.
