Vicarious Liability

What is Vicarious Liability ?

defendant is held liable for a wrong committed by someone else

This is a form of

strict liability

Why does the wrong get imputed onto the employer

often more likely to compensate the victim

Defendant must be in some sort of relationship with the tortfeasor that is

employment or akin to employment

Viasystem (Tyneside) Ltd v Thermal Transfer (Northern) Ltd

dual vicarious liability is possible if both employers can answer for employee’s negligence

Christian Bros [2012] UKSC 56

relationship analogous to employment can satisfy first limb

Lord Phillips (Christian Bros) five principles

likely to have means to compensate, activity on behalf of the employer, business activity, created the risk, under the control of the employer

Cox v Ministry of Justice [2016] UKSC

“integral to the operations” can satisfy skin to employment

Armes v Nottingham County Council [2017] UKSC

publis policy and foster parents is equal to akin to employment relationship

Various Claimants v Barclays Bank pls [2020] UKSC

independent contractors do not qualify for vicarious liability

The five policy criteria from Christian brothers is NOT

determinative

Courts must first assess the specific nature of the relationship BEFORE

applying policy considerations

Folic of their own

when someone steps outside the scope of employment on their own ends

Century Insurance Co v NI Road Transport Board [1942] 

If the employee is being negligent is the “discharge of duties” it doesn’t matter because it is in the scope of employment

Rose v Plenty [1976]

even if told not to do the action, if it is in the course of working and helping can still be within the scope of employment