Vicarious Liability Flashcards
(14 cards)
What is vicarious liability?
Where one party (an employer) is held liable for the torts of another party (an employee) who is referred to as the Tortfeasor.
What is the first part of the Salmond Test?
An employee must commit a tort.
What is the second part of the Salmond Test?
The person committing the tort must be an employee.
What is the third part of the Salmond Test?
The tort is done under the course of employment.
What is the Control Test?
- If the worker is hired then the hirer is liable.
- If the worker and equipment is hired then the employer is liable.
What is the Integration Test?
- If the worker is under a contract of service, his work is done as an integral part of the business.
- If the worker is under a contract for services, his work is not done as an integral part of the business.
What is the difference between a ‘Contract of Service’ versus a ‘Contract for Services’?
- ‘Contract of Service’ refers to a relationship between an employer and employee.
- ‘Contract for Services’ refers to independent contractors.
What is the first part of the ‘Economic Reality Test’?
The Tortfeasor agrees to provide work/skills in return for wages.
What is the second part of the ‘Economic Reality Test’?
The Tortfeasor accepts work with the defendant’s control.
What is the first part of the ‘Akin to Employment Tests’?
The defendant is in a better position to pay instead of the Tortfeasor.
What is the second part of the ‘Akin to Employment Tests’?
The Tortfeasor is acting on behalf of the defendant.
What is the third part of the ‘Akin to Employment Tests’?
The Tortfeasor is integrated into the defendant’s business.
What is the fourth part of the ‘Akin to Employment Tests’?
There is a degree of risk (of a tort) in putting the Tortfeasor in the position.
What is the fifth part of the ‘Akin to Employment Tests’?
The defendant has a degree of control over the Tortfeasor.
