vicarious liability

• vicarious liability- when a third person has legal responsibility for the unlawful actions of another. Commonly seen in the workplace.
• 2 criteria must be established:

  1. Were they an employee?
  2. Did the employee act within the course of employment?
• What are the 3 test to establish whether they were an employee?

  • control
  • integration
  • economic reality
• Which case did the control test come from?


  Yewen V Noakes - whether the master had the right to control the employee.
• Right to Control Details


  Can the employer dictate how the employee performs their job, including any restrictions or limitations on their actions?
• Integration test:

  Lord Denning - is the persons work fully integrated into the business?

  Are they only an accessory to the business?
• Which case covered the economic reality test?


  Ready Mixed Concrete
• Some relevant factors of the economic reality test:

  • ownership of tools or equipment.
  • the method of payment, salary implies employment.
  • if tax, national insurance is deducted from pay.
  • any job description.
• Which case covers acting against orders?


  Beard V London General Omnibus: a bus conductor drove a bus without authority.
• employee committing a criminal act?


  Employer may be liable if there is a close connection between the crime and what the employee is employed to do.

  Lister V Hesley Hall - school warden sexually assaulting children at school.
• What does it mean if an employee is acting on a frolic of his own?


  Employee acting on a frolic of his own means the employee is acting outside the course of their employment.
• The remedy is compensatory damages
• What does the Civil Liability Act 1978 mean?


  The employer can recover any compensation paid out from the employee, however isn't likely in practice because employee isn't likely to have a sufficient amount of money for the employer to bother pursuing them.
• 3 situations were employer isn't likely to be liable?

  1. authorised act in an unauthorised manner.
  2. frolic of their own.
  3. there's a benefit to the employer.
• Was it fair and proper for the employer to be held liable?


  Yes, they choose who they hire, employer should supervise employees, employer should ensure that the employee is trained properly.
• Who has the burden of proof in vicarious liability cases?

  The claimant
• What is the standard of proof in vicarious liability cases?

  On balance of probabilities
• What are the three elements of vicarious liability?

  1. Are they an employee?
  2. Was the act within the course of employment?
  3. Close connection between conduct and employment
• Which case is associated with the control test?

  Yewen v Noakes
• What does the economic reality test consider?

  Pay, tax, and job description
• Which case is associated with the economic reality test?

  Ready Mixed Concrete
• Which case is associated with the close connection requirement?

  Morrisons case