Vicarious Liability

Question 1

Three Requirements for Vicarious Liability

Answer 1

1. Delictual liability on the part of the employee (D1 must commit a delict)
2. A legally relevant relationship between D1 and D2 (usually employment)
3. The wrongful act must be committed in the course of D1s employment

Question 2

Various Claimants v Catholic Child Welfare Society

Answer 2

Control Test

KF: pupils of a catholic school sued a religious order for abuse by its members who were not technically employees
EoD: It was held that the institute was vicariously liable and developed control test

Question 3

Lister v Hesley Hall

Answer 3

Close connections test

KF: A warden at a residential boardig house sexually abused the boys in his care
EoD: Close connection test expanded scope of employer liability provided it was intimately linked to their role.

Question 4

Kirkby v National Coal Board

Answer 4

Kirkby Test

KF: A coal board employee, while joking around, placed a detonator in a colleague’s pocket, which later exploded and caused injury
EoD: The employer wasnt acting in scope of his employment

Question 5

4 Kirkby Test cateogries that

Answer 5

1. Authorised acts - employer liable
2. Unauthorised manner of doing authorised work - employer liable
3. acts outside scope of employment - employer not liable
4. acts for employees own purposes - employer not liable