VICARIOUS LIABILITY

Question 1

Introduction

Answer 1

• not a tort in itself
• most commonly seen n an employment relationship
• rule of out, used to find the employer liable for the tort/wrongdoing of their employee
• common law

Question 2

Definition

Answer 2

• vicarious liability is where a third party/person has legal responsibility for the unlawful actins of anther

Question 3

Why do we have vicarious liability?

Answer 3

• employer has control over their employee to a greater to lesser degree
• employers have the ‘deepest pockets’ when it comes to compensating the victim
• employer who benefits from a business must also bear the risks
• acts as a deterrent to tortiuis activities

Question 4

What are the key requirements of vicarious liability?

Answer 4

• tort
• by an employee
• in the course of their employment

Question 5

Element 2 - employee

Answer 5

• no single test, ours have developed a number of tests over the years
• employers can be vicariously liable for the torts of employees but are not liable for torts of independent contractors
• now many forms of working relationships, which do not necessarily fit the traditional definitions of an employee

Question 6

the control test

Answer 6

• traditional test to decide if person was an employee
• followed idea of master and servant
• rarely used today
• can be used to decide if borrowed employee was an employee

Question 7

Yewens v Noakes (1880)

Answer 7

• test was whether the master has the right to control what the employee did and the way it was done

Question 8

The integrated test

Answer 8

• developed by lord Denning
• says that worker is an employee if their work is fully integrated into the business as a whole