Vicarious Liability Flashcards
(4 cards)
A defendant will NOT be vicariously liable UNLESS:
- There is an employee/employer relationship (or one akin to employment).
- Employee commuted a tortious act while in the course of employment.
Woodland v Essex City Council 2013
10 yr old child suffered brain damage following an incident at a pool who were independent contractors from the school (not employees).
Third party is exercising the councils non-delegable duty to protect the claimant from harm.
Lister v Hesley Hall 2002
Employed to work in a school for children with emotional and behavioural difficulties and systematically sexually abused a number of boys.
Wardens actions was “so closely connected” with his employment.
Must be a close connection between duties of the employee and the tort committed.
Mohamud V WM Morrison Supermarkets plc 2016
Example of a close connection case when a brutal and racial attack was committed by an employee at the petrol station.
He told the claimant to never come back to the station and therefore was in connection with the job and his position.
