Vicarious Liability

Question 1

Salmond test (3 parts)

Answer 1

• Was the wrongdoing a tort?
• Was the person committing a wrongdoing an employee?
• Was the tort committed in the course of employment?

Question 2

Control test (1 part)

Answer 2

• What is the nature and degree of control that the employer has over the work done by the employee?
First used in Mersey Docks and Harbour Board

Question 3

Economic reality test

Answer 3

Devised in Ready Mixed Concrete v Minister of Pensions [1968] - Self-employed if they have financial risk.

Question 4

Cox v Ministry of Justice [2016]

Answer 4

Looked at the need for a relationship to be regarded as employer and employee when theres no contract.

Question 5

Various Claimants v Catholic Child Welfare Society [2012]

Answer 5

5 factors discussed which make it fair, just and reasonable to impose liability on the defendant where there is no contract of employment.

Question 6

Akin to employment test (5 parts)

Answer 6

• The employer has insurance and is more likely to have the means to pay compensation.
• The tortfeasor was under the control of D.
• The tort was committed because of activity carried out by the tortfeasor on behalf of D.
• The activity is likely to be part of D´s business activity.
• By employing the tortfeasor, D will have created the risk of the tort being committed.

Question 7

Market Investigations v Minister of Social Security

Answer 7

There is no single test which can be used, each case is decided on its own facts.

Question 8

Poland v Parr

Answer 8

Example of authorised acts

It was implied he had authority to do the act. He was acting reasonably and honestly to protect the employer´s property.

Question 9

Limpus v LGO

Answer 9

The employee ignores express orders given by the employer.

Question 10

Century Insurance v NI Road Transport

Answer 10

Work carried out carelessly.

Doing his authorised job but in a wrongful manner.

Question 11

Rose v Plenty

Answer 11

The employer benefits from the tort.

Question 12

Conway v George Wimpey

Answer 12

D could not be liable of C’s tresspass

Question 13

Beard v LGO

Answer 13

The employee is not acting in the course of employment.

Question 14

Heasman v Clarity Cleaning Co

Answer 14

The employee is on a frolic of his own.

Question 15

Twine v Beans Express

Answer 15

Giving unauthorised lifts.

Question 16

Makanjoula c Metropolitan Police Commissioner

Answer 16

Exceeding the proper limits of the job.