Vicarious Liability: Tort committed

Question 1

What needs to be proved?

Answer 1

The tort committed was CC to what the employee was employed to do

Question 2

What happened in Lister v Hesley Hall?

Answer 2

Was a CC between warden committing sexual assault and his job, committed on school premises to employer was VL

Question 3

What happened in Mohamud v Morrison Supermarket?

Answer 3

Employee acted within course of employment so there was a CC between what he did and his job, employer was VL

Question 4

What is some AO3 for CC?

Answer 4

P - Most employers are in a better financial position to compensate claimant, covered by insurance
DP - tortfeasor could be man of straw, allows C A2J
WDP - Trotman and Lister were both regarding sexual abuse of students by teachers, inconsistent. LIster overruled Trotman

Question 5

What happened in Bellman v Northampton Recruitment?

Answer 5

Sufficient connection between role of MD continued during party, exercise authority throughout night and was a misuse of his position

Question 6

What happened in Morrisons Supermarket v Various Claimants?

Answer 6

Any act to deliberately harm employer as part of vendetta wouldn’t be a CC, employee acted outside course of employment, so no CC