Vicarious liability Flashcards
(10 cards)
What is vicarious liability?
Vicarious liability is when an employer is held liable for the torts committed by an employee during the course of their employment.
What types of torts can lead to vicarious liability?
Common law torts (negligence) or intentional torts/crimes (battery).
What is required for an individual to be considered an employee under vicarious liability?
The individual must meet the economic reality test, which includes providing work/skill for wage, agreeing to work under the employer’s control, and having consistent other considerations (NI, equipment).
What does ‘akin to employment’ mean in the context of vicarious liability?
It refers to a relationship so close in character that it is fair, just, and reasonable to impose liability on the employer.
What case established that employee work is integral to vicarious liability?
Cox v Ministry of Justice established that the risk created by the employer assigning the task is integral.
What case discusses the close connection between the commission of a tort and employment?
Lister v Hesley Hall discusses the close connection between the commission of a tort and employment.
What is considered ‘course of employment’?
Actions taken by an employee that are within the scope of their job, even if forbidden (Limpus v London), negligent (Century Lawrence), or closely connected to crime (Mohamud).
What actions are not considered ‘course of employment’?
Actions forbidden and not in the role (Beard), frolic of their own with no benefit (Twine v Beans), and unpaid driving (Smith v Stages).
Is there liability for independent contractors?
No, there is no liability for independent contractors.
What case addresses the situation with two employers in vicarious liability?
Mersey Docks v Coggins addresses the situation with two employers, one who controls the work.
