Vicarious Liability

Question 1

test for employees

Answer 1

employers can be VL for the actions of employees but not independent contractors

1. control test
2. integrated test
3. economic reality test

Question 2

control test

Answer 2

whether the employer has control over the employee and what was done

Question 3

mersey docks v coggins

Answer 3

a crane driver and crane were on loan to a harbour. the crane driver injured the C

Question 4

integration test

Answer 4

a worker will be an employee if his work is fully fr the business. if a person is only an accessory to the business that person is not n employee but an independent contractor

Question 5

stevenson jordan and harrison v mcdonald and evans

Answer 5

engineers wrote a book using the knowledge he learnt whilst working in a firm. integrated in that of the business and considered an integral part of the business

Question 6

economic reality test

Answer 6

1. employee is being paid a wage in return for work
2. employee accepts the work is subject to control y the employer
3. the contract conditions are consistent with a contract of employment

Question 7

course of employment

Answer 7

in order for an employer to be VL an employee has to commit the tort in the “course of employment”

Question 8

authorised acts

Answer 8

an employee should only follow reasonable, lawful and implied acts

Question 9

Poland v parr

Answer 9

seeing a boy put a hand on his sugar, he hits him, causing the boys foot to trap and losing his leg

Question 10

doing an authorised act in an unauthorised way

Answer 10

if the act itself is authorised employer can be VL seen if the employee has gone against orders

Question 11

limpus v london general omnibus

Answer 11

bus drivers were authorised to drive the busses but told not to race. a driver decided to race and an accident occurred

Question 12

crimes

Answer 12

if an employee commits a crime during his work the employer can be VL if there is a close connection between employee and crime

Question 13

mohamud v morrisons supermarkets

Answer 13

used a petrol station kiosk and approached staff with a question, the employee got angry and demanded he left. mohamud took actions against Morrisons for the employees assault

Question 14

acting outside the employment role

Answer 14

if an employee cases injury outside their role/time the employer will not be liable