Vicarious Liability

Question 1

Control Test

Answer 1

employer could control what the employee did and how it was done

Question 2

Integration test

Answer 2

Their work is fully integrated into the business

Question 3

Multiple test

Answer 3

Consider various factors that may indicate employment such as :
- wage / salary
- uniform
- equipment and supplies are supplied by the business

Question 4

An employer is liable if :

Answer 4

• does their job but acts against orders
• does their job negligently

Question 5

An employer isn’t liable if :

Answer 5

• an employee is on a “ frolic of their own “
• the tort is out of the scope of employment

Question 6

Civil Liability ( Contribution ) Act

Answer 6

The employer can recover any compensation paid out from the employee by , for example , deduction from wages