Vicarious Liability Flashcards
(4 cards)
Stage 1
Be employee of defendant
Control test (yewens v noakes)(short v JW hendersohn)
Intergration test (stevenson, Jordan, Harrison v macdonald and evans) more than accessory
Economic reality (ready mixed concrete)
(E v English providence)
1. Akin to employment (vc v Barclays)
2.conection between actor and defendant (vc v morrisons)
3.fair just reasonable to impose
Akin
Payed for work in kind
How intergral is work
Close connection (jehivas witness v bxb)
Stage 2
A tort must occur
Neglifnace or tresspass to the persons
Stage 3 yes
Acting In in course of course of employment
(Limpus v london) (rose v plenty) if against orders but still doing job
Careless manner (century insurance v NI transport)
Paid travelling time (Smith v stages)
Closely connected (lister v Hesley hall) (Mattis v pollock) (mohammed v morrsions) (N v chief constable of Merseyside police)