Vicarious Liability- Employee?- COMPLETE

Question 1

What is the structure for vicarious liability?

Answer 1

1. Has the C suffered a loss of injury due to the tort
   2.Is the D an employee
   3.During the course of employment
   4.Conclusion and remedies

Question 2

What two questions are asked for vicarious liability?

Answer 2

1. Is the defendant an employee
2. Has the defendant committed the tort in the course of employment.

Question 3

What is the most important employment test?

Answer 3

The economic reality test (multiple test)

Question 4

What does the economic reality test consider?

Answer 4

Various factors which may indicate the status of a worker.

Question 5

Which case established the economic reality test?

Answer 5

McKenna J in Ready Mixed Concrete

Question 6

McKenna J V Ready Mixed Concrete

Answer 6

Who are employess?

Question 7

What are the 3 conditions laid out in the McKenna J V Ready Mixed Concrete economic reality test?

Answer 7

1- Does the employee agree to provide work/ skill for a WAGE.

2. Does the employee expressed/impliedly accept work will be subject to control of the employer.

3.Are all other considerations in the contract consistent with there being a contract of employment.

Question 8

What other factors are considered when deciding whether somebody is an employee or not?

Answer 8

-Tools and equipment
-Regular Payment
-NI contributions who pays?
-Job description
-Flexibility

Question 9

Barclays bank V Various claimants

Answer 9

-SA doctor- did multiple things. Held to be an independent contractor.
-‘are they ‘akin to employment’ (modern test).

Question 10

‘akin to employment test’

Answer 10

Barclays bank V Various Claimants.

-is it proper to make the person pay for the wrongdoing of the other.

Question 11

What is the definition of vicarious liability?

Answer 11

Where a third person, usually an employer has legal responsibility for the unlawful actions of another/ an employee.

Question 12

What is the law in regard to employees on loan?

Answer 12

-Usual rule is that they remain responsibility of the usual employer that loaned them out

Question 13

Case for employees on loan?

Answer 13

Mersey Docks V Coggins