VL

• What is vicarious liability defined as?

  Where a third person has legal responsibility for the unlawful actions of another - commonly in a workplace where an employer is responsible for the actions of their employee who acted in the course of their employment
• What type of tort is vicarious liability?

  Common law
• What can vicarious liability be described as?

  Strict liability
• Why is the imposition of strict liability for vicarious liability justified?

  Clear association of tortious actions with the employment
• What is a tortious action?

  A tort
• What is a tortfeasor?

  He who commits the tort
• What are the three elements for vicarious liability?

  Tort must've been committed by tortfeasor

  Must've been a relationship of employment between tortfeasor and defendant

  Tort must occur in course of employment
• What is the first element of vicarious liability?

  Tort must've been committed by tortfeasor
• What are the three torts that can be actionable under vicarious liability?

  Negligence, Pure Economic Loss, Private Nuisance
• If there's no tort committed, is there vicarious liability?

  No
• What must the tortfeasor be for vicarious liability?

  An employee
• If a tortfeasor is an independent contractor, will there be vicarious liability?

  No
• What are the three tests for a traditional employment relationship?

  Control test

  Integration test

  Economic test
• What is a case for the control test?

  Mersey Docks
• What is a case for the integration test?

  McDonald and Evans
• What is a case for the economic reality test?

  Ready Mixed Concrete Ltd.
• What is the control test?

  Did the employer have control over the tortfeasor
• What is the integration test?

  To what extent is the individual absorbed into the organisation
• What factors does the economic reality test look at?

  Ownership of equipment

  Method of payment

  Who is responsible for tax/national insurance contributions?

  What does the job description say?

  How much flexibility/autonomy does the worker have?
• What test must we use where there is not a traditional employer-employee relationship?

  Relationship 'akin' to employment test
• What case developed the relationship 'akin' to employment test?

  Christian Brothers
• What case confirmed the relationship 'akin' to employment test for non-traditional employer-employee relationships from Christian Brothers?

  Trustees of the Barry Congregation of Jehovah's Witnesses
• What are the five elements of the relationship 'akin' to employment test?

  1 . Tort occurred as a result of an activity performed by employee on behalf of employer

  2 . Employee's activity is part of the business activity of employer

  3 . Employing the employee created risk of the tort happening (enabled it)

  4 . Employee, to greater or lesser degree, under control of employer

  5 . Employer more likely to be able to compensate with insurance
• What is the first element of the relationship 'akin' to employment test?

  Tort occurred as a result of an activity performed by employee on behalf of employer
• What is the second element of the relationship 'akin' to employment test?

  Employee's activity is part of the business activity of employer
• What is the third element of the relationship 'akin' to employment test?

  Employing the employee created risk of the tort happening (enabled it)
• What is the fourth element of the relationship 'akin' to employment test?

  Employee, to greater or lesser degree, under control of employer
• What is the fifth element of the relationship 'akin' to employment test?

  Employer more likely to be able to compensate with insurance
• Which case gives us the closely connected test?

  Mohamud
• How do we decide if the tort occurs in the course of employment?

  Use the closely connected test (Mohamud)
• What are the two elements of the closely connected test?

  What was the nature of the employee's job? (Viewed broadly)

  Is there a close enough connection between job role and tort committed to make it fair, just and reasonable for the employer to be liable
• Will an employer be vicariously liable for authorised acts?

  Yes
• Will an employer be liable for unauthorised acts?

  No
• What is a case for authorised acts done in an unauthorised way?

  Century insurance
• Will an employer be vicariously liable for authorised acts done in an unauthorised way?

  Yes
• What is a case for expressly forbidden acts?

  Limpus
• Will an employer be vicariously liable for expressly forbidden acts?

  Yes
• What is a case for expressly forbidden act that results in an economic benefit to the employer?

  Rose
• Will an employer be vicariously liable for expressly forbidden act that results in an economic benefit to the employer?

  Yes
• What is a case for unauthorised act with no economic benefit to the employer?

  Twine