Vicarious Liability Flashcards
(27 cards)
essentially, what is vicarious liability
where A, the employer (principal or partner) of B is liable for the damage B has caused
what are the three requirements
loss/injury caused to P by B
relationship between P and B
B acting in the course of employment
who is the servant
if there is a contract of service
who is the independent contractor
if there is contract for service
what is the control test and where did it derive from
the control test dervied from the csae Yewens v Noakes
it asks the question whether the person is suject to command of his mtter as to the manner in which he shall do his work
summary of the test in yewens v noakes
Does the employer tell the worker what to do and how to do it?
what is the organisation test and where did it derive from
It derived from the case of steveson, jordan and harris v Mcdonald
where it says an employee is under a ‘contract of service’ when the work is integrated in that business AND is considered an integral of that business
summary of stevenson, jordan and harris v mcdonalds
person = employee under ‘contract of service when is integrated in the business and an integral of that business
what is the mutuality of obligation test and where did it derive from
Derived from O’Kelly v Trusthouse - obligation for employer to provide work or obligation for employee to accept that work
what does the case of carmichael and another v national power say
Staff who work when required or had the right to turn down work are not employees
what case emphasised the control test and looks at whose business it is
Lane v Shire Roofing
what does it mean by totality of circumstances and what case supports this?
Hall (inspector of taxes) v Lorimer
Looks at the circumstances from afar - in this case, he was self-employed
what does it mean by lending a servant
where an employer is the one who pays for the worker, can dismiss him, tell them what to do and how to do it
what case supports the idea of lending a servant
Mersey Docks v Coggins
What did the case of mersey docks v coggins say
Unless there was a real transfer, the employer remains the employer because the employee was trained there, and learnt things from there
what does it mean when in the course of employment
B is acting in the course of employment if what he does is
- authorised, expressed/impliedly by his employer
- necessarily incidental to his job (what he is paid to do) OR
- an unauthorised manner (e.g. negligent way) of doing what is authorised
what does it mean to be on a frolic of his own
when someone is not acting in the course of employment
What happened in the case of poland v john parr and sons
There was an implied authorised act for the employee to protect the employers property
What happened in the case of century insurance v N. Ireland Transport Board
The employee was negligent during the course of employment and the act took place in the course of employment
what happened in the case of Twine v Bears express
The negligent act was not in the course of employment because the employer prohibited the employee from doing the act
what happened in the case of Lloyd v Grace smith and co
where wilful wrong doing (e.g. fraud or ommissions) occurs in respect of acts the worker is employed to do
summary = VL can extend to fraud/omissions if those carried out nt course of employment
what case said the employer was liable vicariously for racism
Jones v Tower Boot co - racism was made in the course of employment - employer was liable
what case defines what it means for an employee to be on a frolic of his own
Hilton v Thomans Burton
Employee gave himself an unauthorised break therefor was not in the course of employment
what happened in the case of Warren v Henleys Ltd
The employer was not vicariously liable because the assault that the employee did was after business between parties
