VL

Question 1

What is VL?

Answer 1

an individual or entity (like an employer) can be held responsible for the actions of another person under their control, even if they didn’t directly commit the act

Question 2

what are the conditions for holding D to be VL

Answer 2

1. there is an employer-employee relationship between D and the person (tortfeasor) for whose actions they are being held liable
2. a close connection between the relationship and the wrongdoing of the employee

Question 3

what is the 1st criteria to prove VL

Answer 3

employer- employee rs between D and tortfeasor

Question 4

what are the factors that court consider when determining who is an employee

Answer 4

• control
• how the worker is managed to the employer
• the centrality of their activities to the enterprise of the employer
• integration of their activities to the employer’s business

Question 5

Will the employer be held vicariously liable for the torts of independent contracts?

Answer 5

NO , however, D may be personally liable for harms resulting from the actions of an independent contractor
- DOC should be taken

Question 6

what is the 2nd criteria

Answer 6

a close connection between employer-employee relationship and the tortuous wrongdoing of the employee

Question 7

What is the Lister ‘close connection test’ that courts use

Answer 7

1. what is the nature of the employee’s job?
2. whether there was sufficient connection between the position in which he was employed and his wrongful conduct to make it right for the employer to be held liable under principle of social justice