Vicarious Liability

Question 1

Define vicarious liability

Answer 1

Where the employer is liable for the negligence of the employees
Two conditions must be proven as seen in the case of Trustees of Barry Congregation
1. Tort must be committed by an employee
2. Actions must be closely connected to course of employment

Question 2

Stage 1 - employment status (traditional employer/emloyee relationship)

Answer 2

Ready Mixed Concrete:
1. Wage being paid
2. Tools and equipment
3. Worker obeys orders
4. Exercise of control
5. Acceptance of business risk
6. Power to hire/fire

Question 3

Stage 1 - doubtful employee/employer relationships

Answer 3

Akin to employment test (Christian Brothers)
A) likely to have insurance
B) act committed on behalf of employer
C) likely to be part of business activity
D) employing the employee created the risk of the act being committed
E) under the control of employer

Question 4

Stage 2 - close connections

Answer 4

Were the employees acts so closely connected to their course of employment that it may fairly and properly be regarded as being done within the ordinary course of employment (Morrisons v Various Claimants)
Establish a link between the wrongful conduct and course of employment
(WILL BE LIABLE IF)
- acting excessively (Vasey)
- acting negligently (centuries insurance)
- acting in an unauthorised way (Rose v Plenty)
- criminal act ( Morrisons v Muhammad)
- abuse towards students (Lister v Lesley Hall)

Question 5

Stage 2 - close connections

Answer 5

WILL NOT BE LIABLE IF:
- doing something completely unrelated to course of employment (Heasemans v Clarity Cleaning)
-frolic oft heir own (Storey v Ashton)
-personal vendetta (Morrisons v VC)
- abuse to colleague (Trustees of Barry Congregation)

SR - D liable if they pay T for travel/commute to and from workplace (Smith v Stages)