Vicarious Liabiltiy Flashcards
(17 cards)
Elements for vicarious liability
1) was person employee
2) was tort committed during course of employment
3 tests to determine employment
1) control test
2) economic reality test
3) integration test
Yewens v noakes
The more control employer has the more likely person is an employee
Elements in economic reality test
1) work for a wage
2) employer controls work
3) other terms are consistent with employment
Barclay banks
Not liable because independent contractor
Akin to employment
Doesn’t always have to be employer employee rswas long as it similar to one
Cox v ministry of justice
Eg of akin to employment
In course of employment elements
1) employee carries out authorised acts
2) authorised act in unauthorised way
3) employee benefits from Tort
Poland v parra
Carrying out authorised acts
Limpus v London general omnibus
Authorised act in unauthorised way
Rose v plenty
Benefit from Tory
Close connection test
1) what was employees job
2) was there close connection between tort and job
Beard v London general omnibus
Acting outside of scope of their employment
Hilton v Thomas burton
Acting onan frolic of his own
Lister v Hesley hall
Can be liable for crimes
Warren v henleys
No liability because not closely connected
Remedies for vicarious liability
Damages injunction and declaratory relief
