Vicarious liability Flashcards
Meaning
Law makes one person liable within legal relationship for tort committed by another
why might some people argue that VL is unfair?
Innocent party liable for something they haven’t
Personally done or failed to do it
Liability on employee not directly at fault.
justifications
Responsibility of the employer
Hiring and firing
Improving health and safety standards
compensation
Responsibility of the employer
employee may be carrying out instructions of the employer
Hiring and firing
Employees responsible for hiring firming monitoring and discipling staff.
Improving health and safety standards
employees responsible for making sure all employees trained so work done safely
Compensation
Employer usually in better financial position to pay than employee
Salmond test
Employees committed unintentional tort
Worker had employment status
Employee committed tort during the course of employment
Effect of VL
individual who committed the tort will be jointly liable with the employer
Parties to VL
Tortfeasor
Claimant
Defendant
Tortfeasor
Person who commits tort
Claimant
Victim who suffers harm and brings action
Defendant
Person liable for Tortfeasor’s tort
Traditional tests for employment status
works under a contract of service
Control test
An independent contractor is someone who is told what to do whereas an employee is told what to do and how to do it
Club gave orders and paid him
Walker
Hired out equipment so permanent employee liable
Mersey
Owner who employed him liable
Hawley
Integration test
It provides that a worker will be an employee if his work is fully integrated into the business
Liable as relationship of employment
Cox
Multiple economic reality test
tests consider various factors which may indicate employment or not
Ready Mixed Concrete
Employees provide work or skill in return for a wage
Accepts work controlled by employer
Terms of contract consistent
Tools and equipment
Employee less likely to own these at work
Payment
Employees more likely to be paid regular payments
