Vicarious Liability P2

Question 1

What is the definition of Vicarious Liability

Answer 1

When the law makes one person liable for the tort of another
Should be some sort of legal relationship between the two people

Question 2

What relationship do we look at for VL

Answer 2

Employment relationship

Question 3

What type of tort is VL

Answer 3

Strict liability - the employer remains liable for tort of his employees even through he himself may not be at fault

Question 4

Who is liable between the employer and the employee

Answer 4

They are both jointly liable

Question 5

What is the relevant statue to do with remedies of VL

Answer 5

Civil Liability (Contributions) Act 1978

Question 6

What are the three stages of VL

Answer 6

Employee had committed a tort
Tort Fraser is an employee
Employee committed the tort during the course of his employment

Question 7

How do we establish stage one of employee has committed a tort

Answer 7

It will have been felt with in previous ICG of the question

Question 8

What is the second stage of establishing VL

Answer 8

Tortfeaser is an employee

Question 9

What are the 4 tests that are mixed and matched to establish the tortfeaser is an employee (one being used for a non traditional employment relationship)

Answer 9

Control test
Integration test
Multiple test
Sufficiently close connection (Non traditional employment relationship)

Question 10

What is the control test

Answer 10

“How much control does the employer have over the work”

Question 11

What case is used to show the control test

Answer 11

Walker V Crystal Palace FC

Question 12

What is the integration Test

Answer 12

“How closely integrated to the core of the businesses is the workers work”

Question 13

How many factors are within the multiple test

Answer 13

5

Question 14

What are the 5 factors of the multiple test

Answer 14

Ownership of any tools, plant or equipment
Method of payment
Whether income tax and NIC are payed by employer or not
Contract of employment/ job description
Any independence in doing a job

Question 15

Who is an employer not liable for and why

Answer 15

Independent contractor - have his own equipment, personally affected by his own investments and manage decisions
They are contracted by the employer, not employed

Question 16

Which case involved lorry drivers painting there own Lorrie’s in the company colours and found them as IC due to owning and managing their lorry’s

Answer 16

Ready Mixed Concrete V MoP

Question 17

Which case showed that despite wearing the company uniform for tour guides, there lack of mutuality of obligation showed that they were not employees

Answer 17

Carmichael V National Power

Question 18

Which case showed the final developed test of sufficiently akin relationship to an employer and employee and a close connection between original job and there action

Answer 18

Various Cs V Catholic child welfare society

Question 19

Which case showed that they were not an employee and were an IC to Barclays as were sufficiently akin to the relationship of employer/ee

Answer 19

Barclays Bank V Various Cs

Question 20

Which case used all previous tests to establish a sufficiently akin to employment is the correct test

Answer 20

Trustee of Barry Congregation of Jehovah’s Witness V BxB

Question 21

What is stage 3 of VL

Answer 21

Committed the tort during the course of his employment

Question 22

How many categorise are included in the last stage of VL

Answer 22

4

Question 23

What are the 4 stages of VL

Answer 23

Acting Against orders
Employee comitting a crime
Employee commiting a negligent act
Employee acting on a frolic of his own

Question 24

What is meant by Employee acting against orders

Answer 24

Employer can still be liable deppsite acting against orders

Question 25

Which two cases are used to show employee acting agaist orders (one was liable one was not)

Answer 25

Limpus v Omnibus (employer liable) Beard v Omnibus (employer not liable)

Question 26

What is meant by Employee committing a crime

Answer 26

If a crime is in close connection to what the employee is employed to do Were the acts of employee so closely connected with his employment that it is fair to hold the employer liable

Question 27

Which case shows employee committing a crime and involved a warden abusing boys in childs home

Answer 27

Lister v Hesley Hall Ltd

Question 28

Which case shows an employee committing a crime and involved a doorman stabbing a customer after a fight

Answer 28

Mattis v Pollock

Question 29

Which case shows an employee committing a crime and involved employee punching a customer

Answer 29

Mohammed v Morrison Supermarkets

Question 30

What is meant by Employee committing a negligent act

Answer 30

Employee does his job but negligently = employer can be liable

Question 31

Which case shows employee commiting a negligent act

Answer 31

Century INsurance v NI Road Transport Board

Question 32

What is meant by Employee acting on a frolic of his own

Answer 32

Eployee doing something at a time outsidethe area of work = employer not liable An unauthorised act by employee

Question 33

Which case shows Employee acting on a frolic of his own and involved D running an errand for a personal matter (not liable)

Answer 33

Storey v Ashton

Question 34

Which case shows employee acting on a frolic of his own and involved D taking boys home while still in course of his employent (liable)

Answer 34

Hemphill v Williams

Question 35

What remedies are avaliable with VL

Answer 35

Employer can pay compensation and can claim back off employee through Civil Liability (contributions) Act 1978 or attachment to earnings order