vicarious liability

Question 1

vicarious liability

Answer 1

one party ( employee) , legally responsible for tort committed by another ( employer)

Question 2

parties involved

Answer 2

claimant - suffered damage
tortfeasor - commits tort
defendant - held liable for tfs tort

Question 3

2 main requirements for vl under traditional test

Answer 3

tortfeasor must be employee
tort committed in course of employment

Question 4

modern approach to vl

Answer 4

1. theres a relationship akin to employment
2. close relationship between that relationship and tort ( Barclays Bank v various claimants)

Question 5

what tests help decide if someones an employee

Answer 5

control test - mersey docks v coggins and Griffiths
integration test - Stevenson
economic reality test - ready mixed concrete v mpni

Question 6

employee acting negligent

Answer 6

employer still liable , even if careless

rose v plenty