Vicarious Liablity Flashcards
(35 cards)
Vicarious Liability
This is when the employer takes resposibility for the employee
Are you an employee of the employer
This is established through a series of test.
Control test
Yewens v Noakes - The employeer has full control servent/master relationship.
Intergrated
Stephenson v McDonald - Things which would make you intergrated, keycard to the building for example.
Economic reality
Ready Mix Concrete - Who dedux the tax, Is there a uniform, who owns the tools
VC v Barkleys
And independet contracter can never be an employee.
Was the role Akin to employment
Is the relationship similare to a employee employer relationship.
MXX v Secondary school
Therefore work experiance could be an akin.
Must be a close connection between the relationship and the wrong doing.
Jehovas Witnesses v BxB
VC v Morrison - There is no connection for deliberate acts against the employer
Stage 2
A tort has been commited - Trespass to the person or negligence.
Stage 3
Acts/ Torts commited are in the course of employment
Acts against orders
Liable
Limpus v London
Rose v Plenty
Careless act
Liable
century incurense v NI transport
Acts which are closely connected to your role
Liable
Lister v Hesly Hall
Acts which are done in paid travel time
Liable
Smith v stages
Frolic of his own
Not liable
Hilton v Burton - Unautherised breaks
Acts are not closely connected
Not Liable
N v Meyerside police
Outside the employment
Not Liable
Beard v London
Unautherised lift that does not benift the employer
Not liable
Twine v Beans
Yewens v Noakes
Control test
Stephenson v Mc Donald
Intergrated
Ready Mix Concrete
Economic reality
MXX Secondary School
Work experience could be an akin
VC v Barklays
An Independent contracter can not be an employee