Vicarious liability

defintion

where one person is liable for tort committed by another, usually an employer liable for tort committed by employees during the course of employment

what is the two stage test that must be satisfied?

• relationship of ‘employment’

• close connection test

who is an employer only liable for?

employees

point of law in Barclays Bank?

SC confirmed that VL does not apply to acts of independent contractors

what does the control test do?

tests for employee status

ability to control the way a job is done

eg. mersey docks and harbour board

what is the integration test?

to see if worker fully integrated into business

Stevenson, Jordan and Harrison - accessory is not an employee

what is the economic reality (multiple) test

in Ready Mixed Concrete, court said 3 factors must exist to be an employee

what are the three factors of the economic reality multiple test?

• employee agrees to provide work or skill for wage

• employee accepts work subject to employer control

• all other considerations in contract are consistent with contract of employment

can person be VL of someone who is not technically their employee?

yes if relationship is sufficiently akin to employment

eg. Catholic Child welfare society

stage 2 close connection test

wrongful act must so closely connected with acts that tortfeasor was authorised to do that it can fairly and properly be regarded as done by tortfeasor while acting in tortfeasors employment

employee acting negligently

if employee does job badly employer can be VL if actions cause damage to other

CI v NITB

acting against orders

if doing job but against orders, employer can still be VL if actions further employers business

Limpus v London general omnibus

employee of frolic of their own

if employee cases injury/damage while doing something outside of employment then employer usually not liable

eg. Hilton v Thomas Burton

can there be VL if employee travelling between workplaces?

maybe

eg. Smith v Stages

Criminal actions of employees

employer can be liable of OAPA crimes, as considered torts of trespass to the person, if close connection between crime and acts that employee authorised to do

eg. Lister v Wesley Hall