EVALUATION: VICARIOUS

Discuss the extent to which vicarious liability is based on both principle and policy and to what extent is it fair for employers to base it on policy (20)

principles: rules, explain, tests, laws

policy: reasons; justice, protection of society, public health, . employers have insurance, public health, justice for victim, deterrents, encouraging employers to take better care

POLICY:

  1. employer more likely to have ‘deep pockets’, means to compensate and can insure against liability

  2. tort committed as a result of activity undertaken by employee on employers behalf COX

  3. employees activity was part of employers business activity ROSE

  4. employer created risk of tort by engaging the employee, employer responsible for hiring employee

  5. employee was underneath employers control

Introduction: define, cite two cases, flag at least 4 issues

AO1: clear overview of law relevant to question asked

KEY TESTS

  • briefly historical

Original tests which still exist but used less= control, integration, multiple test

Does not apply to those on a frolic= Hilton v Thomas Burton

Development of close connection= Lister

Develop of five policy incidents= Various Cs v Catholic Child Welfare

Extended to foster carers= Armes V Notts (applying 5 policy incidents)

Extended to employees in social gatherings= Bellman