vicarious liability

Question 1

main purpose of VL

Answer 1

ensure V receives compensation

Question 2

what is VL

Answer 2

where one person is liable for a tort committed by another

Question 3

what is it a form of

Answer 3

strict liability

Question 4

first part of the 2 stage test

Answer 4

relationship between the D and C is one of employment or akin to employment

Question 5

second part to the 2 stage test

Answer 5

close connection between the wrongful conduct and acts C was authorised to do

Question 6

2 differences to consider between employee and IC

Answer 6

1. employee= contract of employment IC= self-employed
2. E= contract of service IC= contract for service

Question 7

case for IC

Answer 7

Barclays Bank v various C

Question 8

Barclays Bank v various C facts

Answer 8

VL does not apply to IC

doctor carrying out medical assessments for BB was an IC as he had a portfolio of clients, and free to refuse BB requests

Question 9

3 tests for employee status

Answer 9

control
integration
economic reality

Question 10

control test

Answer 10

ability to control the way a job is done
employee told what to do and how
IC only told what to do

Question 11

case for control test

Answer 11

Mersey docks v Coggins

Question 12

Mersey docks v Coggins facts

Answer 12

driver of crane was employee as the board had the power to tell him the way in which his work is carried, paid him, could sack him

Question 13

integration test

Answer 13

worker is an employee if his work is fully integrated into the business

Question 14

if a person’s work is only an accessory to the business are they an employee

Answer 14

no

Question 15

case for integration test

Answer 15

Stevenson v Macdonald

Question 16

economic reality test case

Answer 16

ready mixed concrete v minister if pensions

Question 17

ready mixed concrete v minister if pensions facts

Answer 17

lorry drivers

• wore a uniform
• followed instructions
• IC as they owned their lorries responsible for repairs

Question 18

ready mixed concrete 3 factors decided need to exist

Answer 18

1. employee provides work in return for wage
2. employee subject to control of employer
3. other considerations in contract are consistent w there being a contract of employment

Question 19

can more than one employer be VL and case

Answer 19

yes, Viasystems v Thermal

Question 20

akin to employment test for non traditional employment relationships

Answer 20

VL if relationship is sufficiently akin to employment by considering the details of the relationship

Question 21

case for akin to employment

Answer 21

catholic child welfare v various claimants

Question 22

catholic child welfare v various claimants facts

Answer 22

abused by teachers at school who were members of a religious org

Question 23

catholic child welfare v various claimants SC held

Answer 23

not a formal contract but institutes relationship w its members was sufficiently akin to one of employment

based on hierarchical structure, direct what was taught, importance, bound by rules

also sufficiently close connection as abuse was carried out whilst providing an education

Question 24

Barry Jehovahs witnesses v BXB issue

Answer 24

whether relationship between the org and church elder was akin to employment

Question 25

Barry Jehovahs witnesses v BXB decisions

Answer 25

as an elder he was carrying out work on behalf of them, furthered their aims, appointment process and hierarchical structure

Question 26

close connection test

Answer 26

wrongful act must be so closely connected w acts that they were authorised to do that it can be regarded as acting in the course of employment sufficiently close connection

Question 27

employee acting negligently

Answer 27

if an employee does their job badly employer can be liable for their actions which cause damage

Question 28

employee acting negligently case

Answer 28

Century insurance v northern island

Question 29

Century insurance v northern island facts

Answer 29

employer VL for explosion that resulted as driver carried out the task he was employed to do even in a negligent way

Question 30

acting against orders

Answer 30

if an employee is doing their job but acts against orders and employer can still be VL if actions further business

Question 31

acting against orders case

Answer 31

limpus v London general omnibus

Question 32

limpus v London general omnibus facts

Answer 32

instructed not to race, they did and caused an accident VL as driver was acting for the employers business, the fact that it was in a forbidden way was irrelevant

Question 33

case for when acting in the course of employment in a negligent way but it furthers the business

Answer 33

Rose v plenty employer benefitted from work undertaken by the boy

Question 34

employee acting on a frolic of their own

Answer 34

causes injury to another while doing something nothing to do w their employment or at time or place outside work, not VL

Question 35

case employee acting on frolic of their own

Answer 35

Hilton v Thomas Burton

Question 36

Hilton v Thomas Burton facts

Answer 36

workers took an authorised break employer not liable for the negligent driving since they were on a frolic of their own

Question 37

is travelling to and from work in the course of employment

Answer 37

no but travelling between workplaces the employer may be VL

Question 38

case for travelling between work

Answer 38

Smith v stages

Question 39

Smith v stages facts

Answer 39

driving back to work VL as he was acting in house of employment as he was being paid during this travelling time

Question 40

criminal actions of an employee

Answer 40

trespass to the person, employer may e liable if there is a close connection between the crime and the acts the employee is authorised to do

Question 41

case for criminal actions

Answer 41

lister v hesley hall

Question 42

lister v hesley hall facts

Answer 42

employer Vl for abuse as the acts were closely connected w his employment so it was fair and just

Question 43

what did the SC decide about when the CC test will not be satisfied

Answer 43

won't be satisfied just bc it provides D an opportunity to commit a wrongful conduct

Question 44

case for CC not satisfied just bc it provides opportunity

Answer 44

Barry congregation v BXB

Question 45

Barry congregation v BXB facts (CC)

Answer 45

he abused his friendship rather than any church responsibility so not VL