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vicarious liability
employee commits a tort during their employment
yewen v noakes
control test
employee is controlled by the employer i.e the working hours, the role of the job etc
barclays bank plc v various claimants
independant contractor test
is there a relationship between d’ and tortfeasor
is there a close connection between employment and the tort committed.
stevenson, jordan, and harrison ltd v macdonald and evans
integrated test
e.g.nurse is integrated to work at a hospital
limpus
acting against orders
lister v hesley hall
when an employee commits a criminal act.
close connection between what employee was mean t to do and the crime committed
e.g. a guard is at the mall and sees cash on the floor. if he picks it up knowingly then he has committed a criminal act
century insurance co. ltd v northern ireland road transport board
employee commits a negligent act
hilton v thomas burton
employee acting as a frolic of his own
i.e. somebody engages in personal activities that is totally unrelated to work
rose v plenty
acting against orders as long as it serves the interest of the business