WK 5 - Vicarious liability

What is vicarious liability

where one person is held liable for the wrongful actions of another

What are the 2 parts to establishing vicarious liability

must be an employer/employee relationship

most have been acting within the scope of their employment

Can the wrongdoing of an independent contractor give rise to vicarious liability

generally no

How can you distinguish between whether a wrongdoer was an employee or an independent contractor

whether they have a contract of employment or a contract for services

What does locatio operarum mean

a contract of employment

What does locatio operis faciendi mean

a contract for services

What was the traditional approach to establishing vicarious liability

the control test, whether employer had power to control what the employee should do

What is the integration test

an employee's work is integrated into the business, an independent contractor's work isn’t

What is the multiple test

servant agrees they will provide work for wages,

agrees they will be subject to employer’s control,

the other provisions of the contract are consistent with the contract being a contract with service

What is the label test

what label is attached to the role/person

If an employee is acting outwith the scope of their employment can an employer be liable

no