Vicarious Lisbility

Question 1

Definition

Answer 1

Where the employer is liable for the employees negligence

Question 2

Stage one

Answer 2

Was d an employee or IC

Question 3

Ready mixed concrete test

Answer 3

1. Is a wage being paid
2. who provides the tools
3. Does the worker obey orders
4. Excersize of control over work
5. Acceptance of business risk
6. Power to fire and hire

Question 4

Akin to employment (Christian brothers)

Answer 4

1. Who is more likely to have insurance
2. Act is committed by the employee on behalf of the employer
3. Employees activity is part of the business activity of the employer
4. The employer by employing the employee created the risk of the act being committed
5. The employee will have been under the control of the employer

Question 5

Stage two

Answer 5

Was the d’s act so connected to their employment that it would have been in the course of their employment to do so (Morrisons v various claimants)

Question 6

Closely connected

Answer 6

. Acting excessively (vasey)
. Negligently (centuries insurance)
. Unauthorised way (rose v plenty)
. Criminal act (Morrisons)

Question 7

Not close to employment

Answer 7

. Doing something unrelated (heasemans v clarity cleaning)

. On a frolic of their own (storey v Ashton)

. Personal vendetta (Morrisons v various claimants)