Vicarious Liability

Question 1

The main rules for imposing liability

Answer 1

1. there must be a tort
2. the tortfeasor must be an employee and
3. the tort must occur in the course of employment; and/or the tort must be closely connected with the employment

Question 2

1. VL

Answer 2

Make sure you establish the tort. This is usually very obvious. Often you are told eg that there was ‘negligent driving’.

Question 3

2. VL

Answer 3

Establishing that the tortfeasor is an employee

Question 4

Barclays Bank v Various case as a part of establishing employee status

Answer 4

1. There must be a relationship between the two persons which makes it proper for the law to make one pay for the fault of the other
2. There must be a connection between the relationship and the tortfeasor’s wrongdoing

Question 5

Traditional tests to establish employment status

Answer 5

1. Control test – Mersey Docks v Coggins
2. Integration test – Cox v Ministry of Justice;
3. Economic reality (multiple) test – Ready Mixed Concrete

Question 6

If employment status is ambiguous, which test do you use?

Answer 6

Akin to Employment test CBC approved in Armes v Nottingham CC

Question 7

What are the different steps of the akin to employment test?

Answer 7

Comes from the CBC case
1. The employer has liability insurance- insured against liability
2. Employee’s doing something on behalf of the employer
3. The work is part of the employers business

Question 8

3. VL

Answer 8

The Tort must occur in the course of employment.
You need to establish whether there was an non-intentional tort and/or intentional tort

Question 9

Which test is used for Non-intentional torts?

Answer 9

Salmond test

Question 10

What are the circumstances where the tort falls within the course of employment as a part of the Salmond test?

Answer 10

• authorised act in an unauthorised manner – Limpus v London General Omnibus;
• authorised act in a purely careless manner – Century Insurance v Northern Ireland Transport Board
• where the employer benefits from the tort – Rose v Plenty

Question 11

What are the circumstances that are not within the course of employment as a part of the Salmond test?

Answer 11

• unauthorised act in an unauthorised manner – Beard v London General Omnibus
• employee on a frolic on his own – Storey v Ashton
• giving unauthorised lifts – Twine v Beans Express

Question 12

What is the test for Intentional torts?

Answer 12

The Close Connection test

Question 13

Explain the Close Connection test

Answer 13

Close connection test is where there is a link between what the employee was employed to do and the employee’s conduct - Lister v Hesley Hall. CBC said ask two things:
1. What was the nature of their job, and
2. Was there a sufficient connection between the position they were employed to carry out and the wrongful act which makes it right for the employer to be held liable Mohamud v Morrisons