vicarious liability Flashcards
What is meant by vicarious liability of employers?
Vicarious liability refers to a situation in which one party is held responsible for the actions or negligence of another party. In the context of employment law, vicarious liability often applies to employers and their employees.
How does the doctrine of vicarious liability benefit the claimant?
Vicarious liability enables the claimant to obtain compensation directly from the employer.
i.e., the employer is likely to have the money to pay for any claim for damages, whereas the employee, may not.
What does the case of Cox v Ministry of Justice tell us about the law on vicarious liability?
The law will impose a duty on relationships that are akin to that of employer/employee.
In the case, a catering manager working in a prison, was injured when a sack of rice was accidently dropped on her back. It was held that although the prisoner was not employed in the traditional sense, the Ministry of Justice were vicariously liable as the relationship was akin to that of employer/employee.
The defendant should carry the burden, as well as the benefits, of having prisoners available to work in the kitchen.
What does the case of Mohamud v Morrison Supermarkets tell us about the law on vicarious liability?
The close connection test covers unauthorised, intentional wrongdoing.
If the activity is closely connected to the employee’s duties, the employer may be vicariously liable, even though, the employee is negligent or disobeying orders.
what is the close connection test?
- is used when the activity carried out by the employee consists of intentional wrongdoing
- This test states that if the activity which gave rise to the tort was sufficiently closely connected with carrying out designated contractual duties, the employer is liable, even if the employee was negligent or disobeying orders concerning the execution of those duties.
-The law takes the view that employers are obliged to supervise their workforce properly.
