Vicarious Liability

Question 1

What is vicarious liability

Answer 1

Vicarious liability is where D is held liable for a tort they did not commit due to their relationship with the tortfeaser

Question 2

What are the 2 stages in vicarious liability

Answer 2

1. Is the relationship employer and employee
2. There must be a close connection between the relationship with D and the wrong doing (was it authorised by the employer or was it unauthorised but still close connection)

Question 3

Ready mixed concrete v min of pensions

Answer 3

Gives us the economic reality test-
Tells us whether the D is under employment

Question 4

MDH v Cag ltd

Answer 4

If one employee is lent to another employer, the tort feaser is still liable

Question 5

Hawley v luminar leisure

Answer 5

If the tortfeaser exercises a lot of control, they will be regarded as the employer

Question 6

Barclays Bank

Answer 6

Someone is self employed when they carry out their own business

Question 7

Cox v ministry of defence

Answer 7

A relationship other than one of employment can give rise to VL where
1. Harm is wrongfully done by an individual who carries out activities as an integral part of the defendants business rather than for the benefit of someone else
2. The risk of harm was created by the defendant giving the individual those activities

Question 8

Morrisons

Answer 8

Look at what T was employed to do what they do and if it was fair to say the tort is part of ordinary business or if they where acting for personal reasons

Question 9

Morrisons supermarket

Answer 9

Intentional wrongdoing still provides a close connection

Question 10

N v CC of Merseyside

Answer 10

If T is acting for personal reasons his actions aren’t done in the course of employment

Question 11

Twino v beans express

Answer 11

D is not vicariously liable if he is on a ‘frulic on his own’

Question 12

Rose v plenty

Answer 12

If the wrong doing has happened during work there’s liability