element 1

• where one person (employer) is responsible for the tort of another (employee)
• tortfeasor - person committing the tort
• claimant - person who suffers harm
• defendant - person liable for the tort (usually employer)
• Barclays Bank v Various Claimants 


  liability for tort arises where tortfeasor is an employee or in position akin to employment, and there's a close connection between employment and tort
• Barclays Bank 


  there is no liability for the tort of an independent contractor
• 3 tests to establish if person is employee or independent contractor
• 1. control test (Yewens v Noakes)


  employee is told what to and how to do it
• 1. control test (Hawley)


  includes hired and borrowed workers
• 2. integration test (Stevenson Jordan)


  is their work fully integrated into the business
• 3. economic reality test (Ready Mix Concrete)


  indicates employment or self employment by looking at several factors
• if employment status unclear follow criteria in Christian Brothers case
• 1. employer likely to have means to compensate victim
• 2. act committed as result of activity being taken by employee on behalf of employer
• 3. employees activity is likely to be part of the business activity of the employer
• 4. employer created the risk by employing the employee
• 5. employee is under control of employer
• Viasystems Ltd


  sometimes more than one employer is liable