Vicarious Liability

• What is vicarious liability?


  Where a third person has legal responsibility for the unlawful actions of another
• What are the two things that need to be established for someone to be vicariously liable for a tort?

  Employee relationship

  In the course of employment
• What is the most common tort ?


  Negligence
• Can offences against the person be a tort giving rise to vicarious liability?


  Yes
• What case is used for employee relationship?


  Barclays Bank v Various Claimants
• What was the point of law in Barclays Bank v Various Claimants?


  Vicarious liability does not apply to the acts of independent contractors
• What are the three traditional tests for employee status?

  Control test

  Integration test

  Economic reality (multiple) test
• What idea is the control test based on?


  a characteristic of an employment relationship is the ability to control the way a job was done
• An employee is told what to do and how to do it, whereas an independent contractor is told...?


  only told what to do
• What does the integration test focus on?


  the extent to which the worker was integrated into the business
• What case is used for the integration test?


  Stevenson Jordan & Harrison v MacDonald & Evans
• What case is used for the control test?


  Mersey Docks & Harbour Board v Coggins and Griffiths Ltd
• What is the point of law for Mersey Docks & Harbour Board v Coggins?


  Driver was an employee as the Board had the power to tell the driver the way in which his work should be carried out
• What is the point of law for Stevenson Jordo & Harrison v MacDonald & Evans?


  A worker will be an employee if his work is fully integrated into the business
• What is the case used for the economic reality test?


  Ready Mixed Concrete v Minister of Pensions
• Why were the drivers independent contractors in Ready Mixed Concrete v Minister of Pensions?


  They owned their lorries and were responsible for repairs and running costs
• What are the three factors that must exist before a worker can be classified as an employee?

  1. The employee agrees to provide work or skill in return for a wage;
  2. The employee accepts that the work will be subject to the control of the employer;
  3. All other considerations in the contract are consistent with there being a contract of employment
• Give a case for non-traditional employment relationships


  Catholic Child Welfare Society v Various Claimants
• What are the two things that supreme court held in Catholic Child Welfare Society v Various Claimants?


  must be sufficiently akin to one of employment and close connection
• What happened in Cox v Ministry of Justice?


  Prisoner helping the canteen negligently injured the catering manager at the prison.
• What does in the course of employment mean?

  sufficiently close connection between the employment relationship and the wrongdoing of the person.
• What are the four components of "in the course of employment?

  Employee acting negligently

  Acting against orders

  Employee acting on a "frolic" of their own

  Criminal actions of an employee
• Give a case for employee acting negligently


  Century Insurance v Northern Ireland Transport Board
• Give a case for acting against orders


  Limpus v London General Omnibus
• Give a case for employee acting on a "frolic" of their own


  Hilton v Thomas Burton
• Give a case for Criminal acts of an employee


  Mohamud v Morrison Supermarkets