vicarious liability

vicarious liability

where a third person has legal responsibility for anothers unlawful actions

reasoning

• employee may have carried out instructions

• employer in charge of hiring, firing and disciplining staff

• inadequate/inappropriate training provided

• ineffective supervision

elements

1. tort committed by the tortfeasor/employee

2. relationship of employment

3. tort occurs in the course of employment

relationship of employment

contract of service/ contract for services

cox v ministry of justice

relationship between prisoner and prison service alike to employee and employer

employee vs independent contractor

employer - liable for employee

independent contractor - responsible, own insurance cover

control test

nature and degree of detailed control determines employee status. does master have right to control employee

hawley v luminar leisure

club exercised control over bouncer + his work

integration test

stevenson jordan and harrrison ltd established

employees - work fully integrated into business (not accessory)

economic reality test

1. work/skill in return for a wage

2. employee accepts work will be subject to employer control

3. circumstances of working consistent w employment

rose v plently

if employee is doing their job, employer still liable even if employee was disobeying orders

morrisons v various claimants

morrisons not vicariously liable for data breaches committed by rogue employee

close connections test

1. what function/activities have been entrusted to ‘employee’ by employer?

2. sufficient connection between position in which employee was employed and wrongful conduct?