A-Level Law - Vicarious Liability

What is VL

Form of strict liability

Employers liable for actions of employees even though not at fault

Protecting the C

Employer liable as more likely to haave the means to fairsly compensate

Protecting the employee

Employer liable if one employee is injured by the negligent actions of another employee

Establishing liability

Employee has been negligent

The worker concerned has employee status

Employee committed the act during course of employment

Types of employee

Employee - Works under a contract of service

IC - Works under a contract for service

How to decide if employee or IC

Control test

IC told what to do 

Employee told what to do and how to do it

other methods of determination

Multiple test - Reflects ways of telling workers apart + courts will weigh up factors

Factors 

Whether workers are on a paid salary or commission

What the contract of work describes the person as

Whether worker can delegate without permission

Ready Mix Concrete v Minister of Pensions

Workers deemed IC as :

Could control their work

Couldn’t delegate

Mutuality of obligation

Autoclenz v Belcher

Workers deemed employees

When is employee liable

If they committ a criminal act

Acting against orders

Committing a negligent act

Acting against orders

Employee liable if they take an unauthorised action

Beard v London General Omnibus = employee liable

Limpus vs London General Omnibus = employer liable

Criminal acts

Employers liable for authorised acts only

Mattis v Pollock

Negligent acts

If employee does job poorly employer can still be held liable

Century Insurance v Northern Ireland Road Transport

How to answer

Define VL

Establish whether V has employee status ( Control + Multiple test)

Determine whether the acts are within the workers role