Vicarious Liability

what is vacrious liabity

imposing liability for a tort commited by another imposed on someone who did not but who has a legal relationship with the one who did.

the purpose of vicarious liabilty is…

to ensure a victim of tort is able to recieve compensation for the injury or damadge suffered.

Civil Liablity Act 1978 states…

an employer who is vicariously liable can recover any compensation paid out to a claimant from the employee

Stage 1 of the test to establish vicarious liability

Relationship of employment between tortfeasor and D or one akin to employment

stage 2 of test to establish vicarious liablity

close connection between tort and employment

rose V Plenty

employer liable although it was forbidden but employer benefited

Barclays Bank V Various Claimants

The doctor who SA’d C was an independent contractor and therefore the hospital could not be sued.

The tests to decide whether someone is an employee or not [4]

• control test

• integration test

• economic reality test

• akin to employment test

Control test differs an employee and independent contractor as…

An employee is told what and HOW to do

Independent contractor is only told what to do

Mersey docks V Coggins and Griffiths Ltd

Mersey Docks still had control of the employee even though they loaned him out

The integration test states

a worker will be an employee if their work is fully integrated into the business

Stevenson Jordan and Harrison V Macdonald’s and Evans

If a persons work is only an accessory to the business that person is not an employee

Economic Reality test factor 1

1. Work or skill in return for a wage

Economic Reality test factor 2

2. employee accepts that work will be subject to the control of the employer

Economic Reality test factor 3

3. all other considerations in the contract are consistent with there being a contract of employment rather than any other relationship.

Ready Mixed Concrete v Minister of Pensions

Driver was an independent contractor because he owned his own lorry which he was responsible for repairs.

Catholic Child Welfare Society Case

School hired teaches who were members of a church. although there was no formal contract of employment, the relationship was akin to one.

Barry Congregation of Jehovas Witnesses V BXB

The tortforseasor was carrying out work on behalf and assigned to him by the organization.

he was performing duties which furthered integral aims of the organization.

high degree of control

Viasytems V Thermal Transfer

multiple employees can be liable

Century Insurance V Northern Ireland Transport Board

employer liable for explosion because employee was carrying out this duties just in a negligent way

Limpus V London General Omnibus

Bus driver caused an accident while racing but employer was liable because he was still acting for the business - close connection

Twine V Beans Express

C’s husband killed through driver giving forbidden lifts.

employer not liable as not gaining any benefit from the action

Frolics of an employee means…

an employee causing harm by doing something that has nothing to do with their employment makes the employer not liable

Hilton V Thomas Burton

Workers took unauthorized break in a van, on the way back caused and accident.

employer not liable as it was a frolic

Beard V London General Omnibus

Employer not liable as employee acting outside of employment

Smith V Stages

Employees traveling BETWEEN work spaces - employer liable

(does not apply if going to or from workplace)

Lister V Hesley Hall

Warden in care home SA boys

Although abuse was not authorized, it was closely connected to the employment.

Mattis V Pollock

Bouncer seriously beat up customer.

Nightclub liable as it was closely connected to work.

N v Chief Constable of Merseyside Police

Odd duty police officer raped C, after pretending to take her to hospital in his private car.

No close connection to employment.

Morrisons V Various Claimants

Unauthorized data breach by finance employee was due to personal vendetta, no close connection.

Barry Congregation of Jehovah’s Witnesses V Bxb

Church elder raped congregation member, rape not closely connected to organization, but to the friendship they had.