Vicarious Liability - Cases

Question 1

How was control test established ?

Answer 1

Yewens V Noakes

Question 2

Control Test case

Answer 2

Hawley V Luminar Leisure

Employer exercised so much control over bouncer , they were vicariously liable for his actions

Question 3

Multiple Test Case

Answer 3

Ready Mixed Concrete V MOP and NI

Question 4

An employee does their job but acts against orders

Answer 4

Rose V Plenty

Told not to delegate work but did

Question 5

Employee does job negligently

Answer 5

Century Insurance V NI Transport Board

If the employee does job badly , employer can be liable for their actions which cause injury to another

Question 6

employee on a “frolic of their own“ while being paid

Answer 6

Smith V Stages

If an employee is paid while on a frolic of their own employer may be liable

Question 7

employee on a frolic of their own

Answer 7

Hilton V Thomas Burton

If the employee causes injury or damage to another while doing something outside the course of employment, the employee will not be liable

Question 8

The tort is outside the scope of employment

Answer 8

Beard V London General Omnibus

Conductor did a job he wasn’t employed to do

Question 9

Employer can recover compensation paid out from employee with this act

Answer 9

Civil Liability ( Contribution ) Act