Vicarious Liability

• What is vicarious liability and who's involved?

  Employers held responsible for actions of employees

  • Tortfeasor (TF)- committed the tort
  • Claimant
  • Defendant
• What did Trustees of Barry do:


  Give out overall test

  1. Relationship between D and TF that makes it proper for D to pay
  2. Connection between relationship and tort

  Can be:

  • Unintentional tort e.g. negligence
  • Intentional tort - e.g. battery
• Relationship between D and TF that makes it proper for D to pay

  (split in two parts - Part 1)

  TF is an employee

  1. Control test - who has right to control actions of TF - Yewen v Noakes
  2. Integration test - difference between contract of service (employee = liable) and contract for services (independent contractor = not liable) - S,J,H v M,E
  3. Economic test - looks at money - Ready Mixed Concrete

  Two employees could share responsibility - Viasystems

  No liability for independent contractors - Barclays
• Relationship between D and TF that makes it proper for D to pay

  Part 2

  Or TF is akin to employment

  Liability is outside of traditional employment - Cox v Ministry of Justice

  Christian Brothers:

  1. TF doing activity on behalf of D
  2. Activity is likely to be part of D's business
  3. D created risk of tort by asking T to do it

  Prisoners in kitchens - Cox

  Foster parents - Armes

  Elders in church - Barry
• A connection between relationship and tort


  Unintentional torts - Were TF's actions in course of employment?

  Are:

  • Authorised acts - Poland v Parr
  • Acts close to job description - London v Cattermoles
  • Doing what employed to do in unauthorised way - Limpus
  • Doing what employed to do in careless way - Century Insurance
  • Employer benefits from tort - Rose v Plenty

  Are not:

  • Activities not in scope of employment - Beard
  • Employee is on frolic of his own - Hilton v Thomas
  • Unauthorised acts with no benefit to employer - Twine v Beans
• A connection between relationship and tort


  Intentional torts - Close connections test

  Lister v Hesley Hall created test

  1. What field of activities has been entrusted to TF
  2. Is there a close connection between field of activities and tort

  If yes = D is liable

  Examples-

  • Armes
  • Barry
  • Mattis