Vicarious liability

Question 1

What is vicarious liability?

Answer 1

Pertains to cases where one is held for the wrongdoings of another. Usually an employer being held responsible for the misconduct of their employee.

Question 2

What is the general test for establishing vicarious liability?

Answer 2

The tort must be committed by an employee in the course of their employment. Employers are liable for employees’ wrongful acts done during their work duties.

Question 3

What case established the “course of employment” test?

Answer 3

Lister v Hesley Hall Ltd (2001) – held that employers can be liable for acts closely connected to employment, even if those acts are wrongful or criminal.

Question 4

What is the “close connection” test in vicarious liability?

Answer 4

The wrongful act must be so closely connected with the employee’s duties that it’s fair to hold the employer responsible (Lister v Hesley Hall).

Question 5

Can employers be liable for independent contractors?

Answer 5

Generally no, because independent contractors aren’t employees. Exceptions exist if the employer is negligent in choosing the contractor or in non-delegable duties.

Question 6

What is the significance of Mohamud v WM Morrison Supermarkets Plc (2016)?

Answer 6

The Supreme Court clarified the “close connection” test: the wrongful act must be part of the employee’s field of activities assigned by the employer.