Vicarious Liability

Question 1

Vicarious Liability

Answer 1

When D2 is held liable for a tort committed by D1

Question 2

Stage 1

Answer 2

Establish whether D1 was an employee of D2 or in a relationship akin to employment.

Dr Bates Case clarifies that independent contractors do not fall within the scope of VL

Question 3

What is an employee?

Answer 3

Economic Reality Test - Ready Mix Concrete v Minister of Pensions

1. Mutuality of Obligation
2. Control
3. All other factors

Question 4

Akin to Employment

Answer 4

JGE v Portsmouth Roman Catholic Trust - Diocese VL for priest’s sexual abuse
Cox v Minister of Justice - Minister VL for prisoner
Blackpool Football Club v DSN - Club not VL for scout
MXX v Secondary School - School not VL for ex pupil

Question 5

Borrowed and Shared Servants

Answer 5

Mersey Dock - Original employer liable unless employee has been integrated into work of current employer

Christian Brother’s Case - Both employers can be held VL

Question 6

Stage 2

Answer 6

Determine if Tort was committed in the course of employment.

Enquire
A) List of approved tasks
B) To what extent was tort connected to the field of these tasks

Question 7

Risk Creation and Close Connection Test

Answer 7

Lister v Hesley Hall - Assess whether the tort is closely connected to the approved tasks and judge if it is fair to hold the employer liable for creating such a risk

Question 8

Employer Indemnity

Answer 8

List v Romford Ice - Employer may claim indemnity (compensation) from employee who caused the tort if held VL.