vicarious iability

What is vicarious liability

Explains the liability of one person for the torts by another

Mostly arises in employment

Strict liability

What legal principles arose from Joel v Morison

elements

Do the actions of an employee create a situation where the employer is liable?

Is the person committing the tort an employee?

Was the tort committed in the course of employment?

What tests are used to determine if someone is an employee

The control test

Organisation test

Economic reality test

What case was the control test established in & what is it

Yewen v Noakes

Does the employer have the power to control the nature of work done & how

Concept of master - servant relationship

What are the key features of the control test & what case were they established in

Short v JW Henderson Ltd

Power to select servant

Right to control the method of working

Right to dismiss & suspend

Payment of wages

What is the organisation test & case

Stevenson, Jordon, & Harrison Ltd v MacDonald & Evans

Distinction between a contract OF service & a contract FOR service

Of - integral part of the business

For - accessory to business

Case for economic reality test

Ready mixed concrete v Minister of pensions & national insurance

What is the economic reality test

A contract of service exists if:

. The servant agrees, in consideration of a wage, he will provide his own work in the performance of some service for his master

. Agrees in the performance of that service he will subject to the others control

. The other provisions of the contract are constant with it being a contract of service (payment, working hours)

Case that shows relationship akin to employment

Catholic child welfare society v Institute of the brothers of the christian schools

4 factors that came from catholic child welfare

The organisation is more likely to have the means to compensate the victim

Committed the act as a result of activity it undertook on behalf of the organisation

Organisation created the risk of the act

Under control of the act

Case example for independent contractors

Barclays Bank v Various

Vicarious liability doesn’t apply to acts of independent contractors

What is the control test & what case was it simplified in

Mohamud v Morrison Supermarkets

Consideration of the employees functions & whether there was a sufficient connection between the wronful conduct & the employer

What liability does an employer hold when an employee is on a frolic of his own & case

Storey v Ashton

Employer is not reliable for torts committed by an employee doing something not related to his work & undertaken on his own count

Case examples for gong against specific orders

Rose v plenty - liable if it was done for the employers purpose & not the employees

Twine v Beans express - not authorised or acting in course of employment

Case examples for an authorised act in an unauthorised manner

Century insurance v Northern Ireland Transport board - occurred in course of employment, company is in control of their employees not the insurance company

Iqbal v London Transport - prohibited from doing act, not in course of employment

Are sports clubs liable for the actions of those competing in its name & case

Gravil v Carroll & Redruth Rugby club

Punch was regarded as having been carried out while D was acting in the ordinary course of his employment