Vicarious liability

Question 1

What is the definition of vicarious liability

Answer 1

The term used to explain the liability of one person for the torts committed by another

Question 2

When does vicarious liability most commonly arise

Answer 2

When an employer might be liable for the torts of his employee

Question 3

What are the 3 requirements in the traditional approach for vicarious liability

Answer 3

Tortfeasor must have committed a tort rather than a crime, tortfeasor must be an employee and tortfeasor must be acting in the course of his employment

Question 4

What was stated in the contemporary approach in vicarious liability

Answer 4

Akin to employment and closely connected through a connection between that relationship and the wrongdoing.

Question 5

What case do you use for the contemporary approach in vicarious liability

Answer 5

Barclays bank pls v various claimants

Question 6

What is meant by tortfeasor must have committed a tort in vicarious liability

Answer 6

T must have committed a tort rather than a crime in order for the C to claim they have suffered a loss/ injury due to tort

Question 7

What case would you use for T has committed a tort in vicarious liability

Answer 7

Poland v Parr

Question 8

Who is not classed as an employee in vicarious liability

Answer 8

An independant contractor so they have to be liable for their own tort

Question 9

What are the 3 tests that can be used to decide whether someone is an employer in vicarious liability

Answer 9

Control, integration and multiple

Question 10

What is the control test as a part of employee under vicarious liability

Answer 10

Independent contractors are told what to do but employees are told what to do and how to do it

Question 11

What case would you use for the control test

Answer 11

Hawley v Luminar leisure ltd

Question 12

What is the integration test as a part of employee under vicarious liability

Answer 12

The more closely a worker is involved with the core business, the more likely they are to be an employee

Question 13

What case would you use for the integration test for employee under vicarious liability

Answer 13

Stevenson, Jordon & Harrison ltd v MacDonald and Evans

Question 14

What is the multiple test as a part of employee under vicarious liability

Answer 14

Three factors are used to help the courts determine is a worker is an independent contractor

Question 15

What case would you use for the multiple test for employee under vicarious liability

Answer 15

Ready mix concrete v minister of pensions

Question 16

What are the 3 factors of the multiple test vicarious liability

Answer 16

Control, personal performance and mutuality of obligation

Question 17

What is control defined as under the multiple test as a part of employment in vicarious liability

Answer 17

Does the employer have some control over the worker and what they are doing and to what extent

Question 18

What is personal performance defined as under the multiple test as a part of employment in vicarious liability

Answer 18

The worker cannot delegate their job to someone else

Question 19

What case would you use for personal performance under the multiple test as a part of employment in vicarious liability

Answer 19

Echo and express publication v tanton

Question 20

What is mutuality of obligations defined as under the multiple test as a part of employment in vicarious liability

Answer 20

Employer has a mutual obligation to pay the worker, worker has a corresponding obligation to be available to work as pr contract

Question 21

What case would you use for mutuality of obligation under the multiple test as a part of employment in vicarious liability

Answer 21

Carmichael v national power

Question 22

What is the definition of akin to employment in vicarious liability

Answer 22

A relationship between two parties which makes it proper for the law to make one party at fault of the other

Question 23

What case would you use for akin to employment in vicarious liability

Answer 23

Barclays bank pls v various claimants

Question 24

What set out the 5 criteria for akin to employment under vicarious liability

Answer 24

Christian catholic welfare society

Question 25

What are the 5 criteria that set out akin to employment

Answer 25

Employer more likely to have means to compensate victim (compared to employee) Tort committed as a result of activity being taken by employee but on behalf of employer Employee’s activity was in line with work for employer Employer, by employing the employee to carry on the activity, will have created the risk of tort committed Employee is under the control of employer

Question 26

What is the definition of closely connected in connection between relationship and wrongdoing

Answer 26

Close connection between what they are meant to do and the crime that has been committed

Question 27

What case would you use for close connection under vicarious liability

Answer 27

Lister v Hesley hall

Question 28

What is meant by the T must be acting in line with their employment in vicarious liability

Answer 28

Must not frolic on his own- Do something completely irrelevant to their work and not linked to their role in any way and only for their own benefit

Question 29

What case would you use for in the course of employment in vicarious liability

Answer 29

Limpus v london general

Question 30

What is the only circumstance an employer can commit a frolic and still make the employee liable and what case would you use in vicarious liability

Answer 30

If it was done to benefit the company and Rose v Plenty

Question 31

What happens when an employee acts outside of employment in vicarious liability

Answer 31

The employer will not be liable

Question 32

What case states that an employer will not be liable if an employee acts on their own will and outside their role in vicarious liability

Answer 32

Beard v london general omnibus

Question 33

What case states an employer can still be liable even if an employee is acting against order if the employee is doing his/ her job in vicarious liability

Answer 33

Century insurance v northern ireland road transport board

Question 34

What case states 2 employers can share liability for an employee

Answer 34

Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) Ltd 2005

Question 35

What case states that the control test is particularly important in cases where there may be more than one employer

Answer 35

Mersey Docks Harbour Board v Coggins and Griffiths (Liverpool) Ltd 1947

Question 36

What case states that vicarious liability can be imposed on situations outside normal employment situations

Answer 36

Cox v ministry of justice