Vicarious Liability- AO1 POINTS

(AO1)

Point 1

1- Traditional ‘Salmond’ Test:

a) TF must be an employer

[Ready Mixed Concrete]

1. skill + work for payment

2. subject to the employer’s control

3. Contractual duty for work

b) Tort committed during the course of employment

Limpus- NOT on frolic, so during C.O.E

Iqbal- WAS on frolic, so not during C.O.E

(AO2)

Point 2

2- Modern Approach

a) The relationship between TF + D must correlate to the work done to commit tort.

Cox- ‘akin’ to employer-employee can give rise to V.L

b) Close connection between relationship and wrongdoings

Barclays Bank v Various Claimaints-

:ady Hale: ‘carrying out business on his own account' no V.L

(AO1)

Points 3,4,5

3- Acted Negligently whilst doing job

Century Insurance v NI Transport Board- was on course of employment so V.L

4- Disregarding instructions can still be V.L

Rose v Plenty- milkman was still in course of employment so V.L

5- On a ‘Frolic of his Own’

Hilton v Thomas Burton Ltd-

(AO1)

Points 6,7,8

6- Close connection test

Lister- WAS a C.C

Mohamud v Morrisons- applied Lister + was in ‘field of activities’ so C.C

7- Wrongful conduct must’ve occurred in ‘ordinary course of business’

Dubai Aluminium v Salaam

8- Wrongful conduct not permitted in ‘field of activities’

Morrisons v Various Claimants