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
control test (Yewens v Noakes)
employee is told what to and how to do it
control test (Hawley)
includes hired and borrowed workers
2. integration test (StevensonJordan)
is their work fully integrated into the business
3. economicreality test (Ready Mix Concrete)
indicates employment or self employment by looking at several factors
if employment status unclear follow criteria in ChristianBrothers case
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
