Vicarious Liability Flashcards
(13 cards)
Into
The employer may be vicariously liable for Ds tortious act if it can be proved that D was an employee and was acting in the course of employment
Who established the three conditions
Ready mix concrete v minister of pensions established three condition for an employment relationship.
What is the first condition
First, the employee agrees to provide work in return for a wage.
What is the second condition
Secondly the employee accepts that the work is subject to employers control
What is the third condition
Thirdly all other factors are considered with the existence of an employment contract, including
How tax and NI are paid
Self description
Who owns the tools
Who accepts the business risk
Wearing of uniform
Weather personal service is required
Mutuality of obligation
What is need after conditions are met
Assuming that D is an employee it must be decided if the employee was acting in the course of their employment at the time of the negligence.
What is the case if the work that is authorised but carried out in an unauthorised way.
Limpus v LGOC
Employee is liable
If the employee is acting completely outside of his employment.
Beard v LGOC
Employee not liable
If the employee carries out their job but in a negligent way
Century insurance v NI ROAD transport
Employee liable
Journey where the employee is being paid may be within the course of employment
Smith v stages
LIABLE
Taking a detour for your own benefit may be outside of the course of employment
Storey v Ashton
NOT LIABLE
Close connection
If there is a close connection between what the employee did and what they were employed to do the it would be fair and just to hold the employee liable. Lister v Hesley hall
