Vicarious liability

Defined in common law as

a person or organisation is legally responsible for a tort they did not commit due to their relationship with the tortfeasor

When does vicarious liability apply?

where there is an employee and employer relationship or one akin to this eg the church

The multiple test looks at factors such as

are they their own boss, decide their own pay, hours, pay schedule, do they own their equipment, training, uniform

What case shows the economic reality test?

RMC v MoP

The presumption if T has been loaned to another employer

the permanent employer will be responsible

The exception to loan presumptions

if they have enough control over the employee the loan company will be liable shown in Hawley v Luminar

Barclays bank test

decides if non-traditional employees are akin to employee/employer by looking at all the details of the relationship where it is not clear someone is carrying out their own business then the criteria from Cox must be considered to decide if it is fair, just, and reasonable to make the defendant liable

Test for Cox v MoJ

two steps are considered, was the harm wrongfully done by an individual who carries out activities as an integral part of the defendant’s business rather than for the benefit of someone else? And, the risk of harm was created by the defendant giving the individual those activities

What are the two situations where T's acts will be connected to their relationship with D?

if the wrongful act was authorised by the employer or the wrongful act was unauthorised but closely connected to the authorised work

What is the test about unauthorised acts being connected to employment shown in Morrisons 2020?

look at what T was authorised to do and what they actually did and consider if they have a close enough connection to say it was during the ordinary course of employment

Why was the crime close to employment in Mohamud?

the actions took place while T was working on D's premises and the argument was linked to business

Why was it not close to employment in N v CC of Merseyside?

T was acting for personal reasons

Why was the act close to employment in Rose v Plenty?

the wrongdoing occurred during work and benefited the defendant

Why was the act a frolic of his own in Twine v Beans Express?

the driver was not doing his job and there was no benefit of their actions

The Civil Liability Contribution Act

the act allows employers to reclaim damages they’ve paid out